State v. Delaney
In State v. Delaney, 187 W.Va. 212, 417 S.E.2d 903 (1992), the Court adopted a balancing test to determine whether to grant a party's request for an additional physical or psychological examination.
The Court held in Syllabus Point 3 of Delaney that:
In order for a trial court to determine whether to grant a party's request for additional physical or psychological examinations, the requesting party must present the judge with evidence that he has a compelling need or reason for the additional examinations.
In making the determination, the judge should consider:
(1) the nature of the examination requested and the intrusiveness inherent in that examination;
(2) the victim's age;
(3) the resulting physical and/or emotional effects of the examination on the victim;
(4) the probative value of the examination to the issue before the court;
(5) the remoteness in time of the examination to the alleged criminal act;
(6) the evidence already available for the defendant's use.