US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§  3121.  Physical  or  mental examination. (a) Notice of examination.
After commencement  of  an  action  in  which  the  mental  or  physical
condition or the blood relationship of a party, or of an agent, employee
or  person  in  the custody or under the legal control of a party, is in
controversy, any party may serve notice on another party to submit to  a
physical,  mental  or blood examination by a designated physician, or to
produce for such examination his agent, employee or the  person  in  his
custody or under his legal control. The notice may require duly executed
and  acknowledged  written  authorizations  permitting  all  parties  to
obtain, and make copies of, the records of specified hospitals  relating
to  such  mental  or  physical  condition or blood relationship; where a
party  obtains  a  copy  of  a  hospital  record  as  a  result  of  the
authorization of another party, he shall deliver a duplicate of the copy
to  such party. A copy of the notice shall be served on the person to be
examined. It shall specify the time, which shall be not less than twenty
days after service of the notice, and the conditions and  scope  of  the
examination.

(b) Copy of report. A copy of a detailed written report of the examining physician setting out his findings and conclusions shall be delivered by the party seeking the examination to any party requesting to exchange therefor a copy of each report in his control of an examination made with respect to the mental or physical condition in controversy.