Fla. Fam. L. R. P. 12.360

RULE 12.360

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.

Examinations may include, but are not limited to, examinations

involving physical or mental condition, employability or vocational

testing, genetic testing, or any other type of examination related to a

matter 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 party or other persons without leave of court after

commencement of the action, and on any other person or party with

or after service of the process and initial pleading. The request must

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 must serve a response within 30 days after service of the

request, except that a respondent need not serve a response until

45 days after service of the process and initial pleading on that

respondent. The court may allow a shorter or longer time. The

response must state that the examination will be permitted as

requested unless the request is objected to, in which event the

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reasons for the objection must be stated. If the examination is to be

recorded or observed by others, the request or response must also

include the number of people attending, their role, and the method

or methods of recording.

(B) In cases in which 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 may be

made only after notice to the person to be examined and to all

parties, and must specify the time, place, manner, conditions, and

scope of the examination and the person or persons by whom it is

to be made.

(C) The examination of a minor child is governed

by rule 12.363.

(D) Social investigations are governed by rule

12.364.

(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 has

the burden of showing good cause.

(3) On 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 must 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 is entitled, on request, to receive from the party to

whom the request for examination or against whom the order is

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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 is not to be identified as

appointed by the court.

1995 Adoption. This rule expands Florida Rule of Civil

Procedure 1.360 to specify common examinations in family law

matters, but this rule is not intended to be an exclusive list of

allowable examinations. Rule 1.360 should be interpreted to

discourage subjecting children to multiple interviews, testing, and

evaluations.