Rule 4010.1 Evaluation of Earning Capacity

When someone's ability to earn money is being disputed in a court case, a judge can order that person to be evaluated by a qualified expert. This can apply to the person directly involved in the case, or to someone else (like a child) who is under that person's care or legal control.

The evaluation follows the same basic rules as a medical examination under Rule 4010. This means the person being evaluated has rights about how the process works, and the results can be shared with both sides in the case.

The expert who does the evaluation can testify in court, but only about the money side of the case (damages). They cannot give testimony about who was at fault or responsible for what happened (liability). Their job is only to give an opinion on what the person can or could earn.