Trial Judge Cannot Sua Sponte Order Mental Examination of Self-Represented Worker

The Alabama Court of Civil Appeals last week ruled that a judge could not order a self-represented injured worker to undergo mental examination when neither party requested one. While Alabama Rule of Civil Procedure 35 grants a judge the authority to order a party to submit to a mental or phsycial evaluation by a suitably licensed examiner, it says that such an order "may be made only on motion for good cause shown." The court said it read the use of the word "only" as a limitation on the judge's authority, which prohibits a judge from ordering an examination in the a...