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Chapter 5

Form 5-83

Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for [Physical/Mental] Examination

This Motion for [Physical/Mental] Examination is brought by [name of movant], [party designation], who shows in support:

Select 1.5. as applicable.

1.This is a case arising under [title 2/title 5] of the Texas Family Code. [Name of movant] seeks appointment of [a psychologist/psychologists/a psychiatrist/psychiatrists] to make any and all appropriate mental examinations of [name[s] of child[ren] the subject of the suit and/or of other party[ies]].

2.This is a case arising under [title 2/title 5] of the Texas Family Code. [Name of movant] seeks appointment of [an expert/experts] who [is/are] qualified in paternity testing to take blood, body fluid, or tissue samples to conduct paternity tests as ordered by the Court.

3.[Name of movant] seeks an order from the Court compelling [name of responding party] to [submit to/produce [name of person in responding party’s custody, conservatorship, or legal control] for] a [physical/mental] examination by a qualified physician. The [physical/mental] condition [include if applicable: , including the blood group,] of [name], a [party/person in the custody or conservatorship or under the legal control of [name], a party], is in controversy in this case. Good cause to grant the relief sought exists in that [state factual grounds supporting claim of good cause].

4.[Name of movant] seeks an order from the Court compelling [name of responding party] to [submit to/produce [name of person in responding party’s custody, conservatorship, or legal control] for] a mental examination by a qualified psychologist. The mental condition of [name], a [party/person in the custody or conservatorship or under the legal control of [name], a party], is in controversy in this case. Good cause to grant the relief requested exists in that [state factual grounds supporting claim of good cause].

5.[Name of movant] seeks an order from the Court compelling [name of responding party] to [submit to/produce [name of person in responding party’s custody, conservatorship, or legal control] for] a mental examination by a qualified psychologist. [Name of responding party] has [designated a psychologist as a testifying expert/disclosed a psychologist’s records for possible use at trial] in this case. Good cause to grant the relief sought exists in that [state factual grounds supporting claim of good cause].

Continue with the following.

[Name of movant] prays that the Court grant this Motion for [Physical/Mental] Exam­ination and order the examination.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Certificate of Conference

I certify that a reasonable effort has been made to resolve the discovery dispute without the necessity of court intervention and has failed.

   
[Name]
Attorney for [name of movant]

For certificate of service, see form 21-11.