Utah Admin. Code 151-4-515

Current through Bulletin 2024-23, December 1, 2024

Section R151-4-515 - Physical and Mental Examination of Persons

(1)

(a) When the mental or physical condition, including the blood group, of a party or of a person in the custody or under the legal control of a party is in controversy, the presiding officer may order the party or person to:

(i) submit to a physical or mental examination by a physician; or

(ii) produce for examination the person in the party's custody or legal control.

(b) The order:

(i) may be made only on motion for good cause shown and upon notice to the person to be examined and to each party; and

(ii) shall specify:

(A) the time, place, manner, conditions, and scope of the examination; and

(B) the person who shall conduct the examination.

(2)

(a)

(i) If requested by the party against whom an order is made under this rule or the person examined, the party causing the examination to be made shall deliver to the requester a copy of a detailed written report of the examining physician including findings, diagnoses, conclusions, test results, and reports of any earlier examination of the same condition.

(ii)

(A) After delivery, the party causing the examination may request to receive from the party against whom the order is made a report of an examination of the same condition unless, as to an examination of a person not a party, the party shows that the party cannot obtain it.

(B) The presiding officer on motion may order a party to deliver a report, and if a physician fails or refuses to make a report, the presiding officer may exclude the physician's testimony at the hearing.

(b) By requesting and obtaining an examination report or by taking the deposition of the examiner, the party examined waives any privilege regarding the testimony of any other person who has examined or may thereafter examine the party for the same mental or physical condition.

(c) Subsection R151-4-515(2):

(i) applies to any examination made by agreement of the parties unless the agreement expressly provides otherwise; and

(ii) does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician under any other rule.

Utah Admin. Code R151-4-515

Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021

Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022

Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024