¶1(dissenting). GCR 1963, 786.3 provides:
“If defendant is the moving party, the court shall order the defendant committed to a diagnostic facility certified by the department of mental health for the performance of forensic psychiatric evaluation for a period not to exceed 60 days from the date of the commitment order.” (Emphasis supplied.)
¶2The language of the court rule is clear. It states that when the “defendant is the moving party, the court shall order … [a] forensic psychiatric evaluation”. It is my opinion that the language of the rule is mandatory and removes any of the discretion which the trial court has historically had over these matters.
¶3While I am in sympathy with the result reached in the majority opinion and likewise fear the use of the above court rule as a dilatory tactic, it is my opinion that this Court is bound by the plain language contained therein.
¶4I vote to reverse and remand for proceedings in accordance with GCR 1963, 786.3.