Florida Family Law Rule 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
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
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.
Commentary
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.
(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
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
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.
Commentary
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.