CHAPTER 240 - WITNESSES AND EVIDENCE

AN ACT TO AMEND CHAPTER 129 OF TITLE 21 OF THE REVISED CODE OF THE STATE OF DELAWARE RELATING TO WITNESSES AND EVIDENCE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 129 of the Revised Code of the State of Delaware of 1915 be amended by inserting at the end of 4228 Section 18 the following:

4228-A, Section 18 (a) Physical Examination of Plaintiffs in Actions to Recover Damages for Personal Injuries:--In an action to recover damages for personal injuries, if the defendant shall present to the Court or to a Judge satisfactory evidence that he is ignorant of the nature and extent of the injuries complained of, the Court at any time by order shall direct that plaintiff submit to a physical examination by one or more physicians or surgeons to be designated by the Court or Judge, and such examination shall be had and made under such restrictions and directions as to the Court or Judge shall seem proper. If the party to be examined shall be a female, she shall be entitled to have such examination made before a physician or surgeon of her own sex. The cost of such examination shall be borne by the defendant.

Approved April 18, 1935.