Power to Compel Physical Examination in Cases of Injury to Person, 1 Yale Law Journal 57 (1891)
The modern trial is the outgrowth of years of development of the law of procedure. Formerly it seemed as if a court was an arena wherein a combatant was allowed to use almost any artifice to deceive his opponent and the judge. Indeed, so evil were the effects of this policy, that aid was sought from equity to correct them. Hence arose '' bills of discovery," issued for the purpose of obtaining from an antagonist, testimony, the production of which, courts of law could not compel. More recently, however, it has become recognized that the object of a trial is to enforce exact justice between man and man, and to the establishing of this justice all minor considerations must yield. The equitable bill of discovery has been superseded in most of our States by statutes compelling a party to a suit to produce for his opponent whatever documents or like evidence he possesses which may be essential to the prosecution or defense of his opponent's case.
Date of Authorship for this Version
Buckland, Edward G., "Power to Compel Physical Examination in Cases of Injury to Person" (1891). Faculty Scholarship Series. Paper 3924.