A litigant does not have an absolute right to the presence of counsel during an independent psychological evaluation, the Superior Court has ruled.
In a March 9 opinion in Shearer v. Hafer, a unanimous three-judge panel of the court held in an apparent issue of first impression that Pennsylvania’s Rules of Civil Procedure allow a trial court to issue protective orders expressly prohibiting the presence of third-party observers during the standardized portion of an evaluation. The psychologist conducting the evaluation at issue had said counsel’s presence could threaten the validity of data gathered during the test.
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