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McCullough v. Mathews

Supreme Court of Oklahoma
Oct 10, 1995
1995 OK 90 (Okla. 1995)

Summary

In McCullough v. Mathews, 1995 OK 90, ¶¶ 1-2, 918 P.2d 25, the Court assumed original jurisdiction to determine whether anything or anyone other than the party being examined and the physician doing the examining, should be allowed in the examination room.

Summary of this case from Boswell v. Schultz

Opinion

No. 85806.

September 13, 1995. Ordered Published October 10, 1995.

Lavender, Hargrave, Summers and Watts, JJ., dissented from publication order.

Petition for writ of mandamus from the District Court, Seventh Judicial District, Eugene H. Mathews.


ORDER

Original jurisdiction is assumed. Let the writ issue prohibiting respondent judge, or any other assigned judge, from enforcing that portion of the order dated May 11, 1995, in Cause No. CJ-93-519-66 on the docket of the District Court, Oklahoma County, prohibiting an attorney or lawyer from being the representative of the person to be examined and from being present at that examination. There is no such restriction in 12 O.S. 1994 § 3235[ 12-3235](D). The role of that statutory representative, whether an attorney or otherwise, is generally passive in nature and limited to that of an observer.

Respondent judge did not abuse his discretion in allowing hand written notes to be taken by the representative. However, audio recording of the examination should be allowed.

ALMA WILSON, C.J., KAUGER, V.C.J., and HODGES, SIMMS, OPALA, JJ., concur.

LAVENDER, HARGRAVE, SUMMERS and WATT, JJ., dissent.


Summaries of

McCullough v. Mathews

Supreme Court of Oklahoma
Oct 10, 1995
1995 OK 90 (Okla. 1995)

In McCullough v. Mathews, 1995 OK 90, ¶¶ 1-2, 918 P.2d 25, the Court assumed original jurisdiction to determine whether anything or anyone other than the party being examined and the physician doing the examining, should be allowed in the examination room.

Summary of this case from Boswell v. Schultz

In McCullough we recognized that the broad language of 12 O.S.2001 § 3235 allows the examinee to bring a third party representative to a court-ordered independent examination.

Summary of this case from Boswell v. Schultz
Case details for

McCullough v. Mathews

Case Details

Full title:Michael S. McCULLOUGH, Petitioner, v. The Honorable Eugene H. MATHEWS…

Court:Supreme Court of Oklahoma

Date published: Oct 10, 1995

Citations

1995 OK 90 (Okla. 1995)
1995 OK 90

Citing Cases

Boswell v. Schultz

¶ 9 The Legislature, in § 3235(B), authorized a party to request conditions for the medical examination and…

St. Clair v. Hatch

The representative may be the party's physician, attorney or some other person. McCullough v. Mathews, 1995…