Remedial Law, 2015 Bar — Question V-B

ESSAY

Ernie filed a petition for guardianship over the person and properties of his father, Ernesto. Upon receipt of the notice of hearing, Ernesto filed an opposition to the petition. Ernie, before the hearing of the petition, filed a motion to order Ernesto to submit himself for mental and physical examination which the court granted. After Ernie’s lawyer completed the presentation of evidence in support of the petition and the court’s ruling on the formal offer of evidence, Ernesto’s lawyer filed a demurrer to evidence. Ernie’s lawyer objected on the ground that a demurrer to evidence is not proper in a special proceeding. If Ernesto defies the court’s order directing him to submit to physical and mental examinations, can the court order his arrest? (2%)

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