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Florida Rules of Civil Procedure

Florida Rules of Civil Procedure

1.360 Examination of Persons

(a) Request; Scope.

(1) A party may request any other party to submit to, or to produce a person in that other party's custody or legal control for, examination by a qualified expert when the condition that is the subject of the requested examination is in controversy.

(A) When the physical condition of a party or other person under subdivision (a)(1) is in controversy, the request may be served on the plaintiff without leave of court after commencement of the action, and on any other person with or after service of the process and initial pleading on that party. The request shall specify a reasonable time, place, manner, conditions, and scope of the examination and the person or persons by whom the examination is to be made. The party to whom the request is directed shall serve a response within 30 days after service of the request, except that a defendant need not serve a response until 45 days after service of the process and initial pleading on that defendant. The court may allow a shorter or longer time. The response shall state that the examination will be permitted as requested unless the request is objected to, in which event the reasons for the objection shall be stated.

(B) In cases where the condition in controversy is not physical, a party may move for an examination by a qualified expert as in subdivision (a)(1). The order for examination shall be made only after notice to the person to be examined and to all parties, and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

(C) Any minor required to submit to examination pursuant to this rule shall have the right to be accompanied by a parent or guardian at all times during the examination, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the minor's examination.

(2) An examination under this rule is authorized only when the party submitting the request has good cause for the examination. At any hearing the party submitting the request shall have the burden of showing good cause.

(3) Upon request of either the party requesting the examination or the party or person to be examined, the court may establish protective rules governing such examination.

(b) Report of Examiner.

(1) If requested by the party to whom a request for examination or against whom an order is made under subdivision (a)(1)(A) or (a)(1)(B) or by the person examined, the party requesting the examination to be made shall deliver to the other party a copy of a detailed written report of the examiner setting out the examiner's findings, including results of all tests made, diagnosis, and conclusions, with similar reports of all earlier examinations of the same condition. After delivery of the detailed written report, the party requesting the examination to be made shall be entitled upon request to receive from the party to whom the request for examination or against whom the order is made a similar report of any examination of the same condition previously or thereafter made, unless in the case of a report of examination of a person not a party the party shows the inability to obtain it. On motion, the court may order delivery of a report on such terms as are just; and if an examiner fails or refuses to make a report, the court may exclude the examiner's testimony if offered at the trial.

(2) By requesting and obtaining a report of the examination so ordered or requested or by taking the deposition of the examiner, the party examined waives any privilege that party may have in that action or any other involving the same controversy regarding the testimony of every other person who has examined or may thereafter examine that party concerning the same condition.

(3) This subdivision applies to examinations made by agreement of the parties unless the agreement provides otherwise. This subdivision does not preclude discovery of a report of an examiner or taking the deposition of the examiner in accordance with any other rule.

(c) Examiner as Witness. The examiner may be called as a witness by any party to the action, but shall not be identified as appointed by the court.



Florida Rules of Civil Procedure
1.010 Scope and Title of Rules
1.030 Nonverification of Pleadings
1.040 One Form of Action
1.050 When Action Commenced
1.060 Transfers of Actions
1.061 Choice of Forum
1.070 Process
1.080 Service of Pleadings and Papers
1.090 Time
1.100 Pleadings and Motions
1.110 General Rules of Pleading
1.120 Pleading Special Matters
1.130 Attaching Copy of Cause of Action and Exhibits
1.140 Defenses
1.150 Sham Pleadings
1.160 Motions
1.170 Counterclaims and Crossclaims
1.180 Third-party Practice
1.190 Amended and Supplemental Pleadings
1.200 Pretrial Procedure
1.201 Complex Litigation
1.210 Parties
1.220 Class Actions
1.221 Homeowners and Condominium Assocs
1.222 Mobile Homeowners Assoc
1.230 Intervention
1.240 Interpleader
1.250 Misjoinder and Nonjoinder of Parties
1.260 Survivor, Substitution of Parties
1.270 Consolidation, Separate Trials
1.280 General Provisions Governing Discovery
1.290 Depositions Before Action or Pending Appeal
1.300 Persons Before Whom Depositions May Be Taken
1.310 Depositions Upon Oral Examination
1.320 Depositions Upon Written Questions
1.330 Use of Depositions in Court Proceedings
1.340 Interrogatories to Parties
1.350 Production of Documents and Things and Entry Upon Land for Inspection
1.351 Production of Documents and Things Without Deposition
1.360 Examination of Persons
1.370 Requests for Admission
1.380 Failure to Make Discovery, Sanctions
1.390 Depositions of Expert Witnesses
1.410 Subpoena
1.420 Dismissal of Actions
1.430 Demand for Jury Trial, Waiver
1.431 Trial Jury
1.440 Setting Action for Trial
1.442 Proposals for Settlement
1.450 Evidence
1.452 Questions by Jurors
1.455 Juror Notebooks
1.460 Continuances
1.470 Exceptions Unnecessary, Jury Instructions
1.480 Motion for a Directed Verdict
1.481 Verdicts
1.490 Magistrates
1.500 Defaults and Final Judgments Thereon
1.510 Summary Judgment
1.520 View
1.525 Motions For Costs and Attorneys Fees
1.530 Motions For New Trial and Rehearing; Amendments of Judgments
1.540 Relief from Judgment, Decrees or Orders
1.550 Executions and Final Process
1.560 Discovery in Aid of Execution
1.570 Enforcement of Final Judgments
1.580 Writ of Possession
1.590 Process in Behalf of and Against Persons Not Parties
1.600 Deposits in Court
1.610 Injunctions
1.620 Receivers
1.625 Proceedings Against Surety on Judicial Bonds
1.630 Extraordinary Remedies
1.650 Medical Malpractice Presuit Screening Rule
1.700 Rules Common to Mediation and Arbitration
1.710 Mediation Rules
1.720 Mediation Procedures
1.730 Completion of Mediation
1.750 County Court Actions
1.800 Exclusion From Arbitration
1.810 Selection and Compensation of Arbitrators
1.820 Hearing Procedures for Non-binding Arbitration
1.830 Voluntary Binding Arbitration
1.900 Forms
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
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