Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 4000 - DEPOSITIONS AND DISCOVERY
ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES
Rule 4010 - Physical and Mental Examination of Persons
Universal Citation: 231 PA Code ยง 4010
Current through Register Vol. 54, No. 38, September 21, 2024
(a)
(1) As
used in this rule, "examiner" means a licensed physician, licensed dentist or
licensed psychologist.
(2)
(a) When the mental or physical condition of
a party, or of a person in the custody or under the legal control of a party,
is in controversy, the court in which the action is pending may order the party
to submit to a physical or mental examination by an examiner or to produce for
examination the person in the party's custody or legal
control.
(3) The order
may be made only on motion for good cause shown and upon notice to the person
to be examined and to all parties and shall specify the time, place, manner,
conditions and scope of the examination and the person or persons by whom it is
to be made.
(4)
(i) The person to be examined shall have the
right to have counsel or other representative present during the examination.
The examiner's oral interrogation of the person to be examined shall be limited
to matters specifically relevant to the scope of the examination.
(ii) Subdivision (a)(4)(i) shall not apply to
actions for custody, partial custody and visitation of minor
children.
(5)
(i) The party who is being examined or who is
producing for examination a person in the party's custody or legal control may
have made upon reasonable notice and at the party's expense a stenographic or
audio recording of the examination. Upon request and payment of reasonable
cost, the party who caused the recording to be made shall provide each other
party with a copy of the recording.
(ii) Subdivision (a)(5)(i) shall not apply to
actions for custody, partial custody and visitation of minor
children.
(b)
(1) 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 requesting party or person a copy
of a detailed written report of the examiner setting out the examiner's
findings, including results of all tests made, diagnoses and conclusions,
together with like reports of all earlier examinations of the same condition.
After delivery the party causing the examination shall be entitled upon request
to receive from the party against whom the order is made a like report of any
examination, previously or thereafter made, of the same condition, unless, in
the case of a report of examination of a person not a party, the party shows
inability to obtain it. The court on motion may make an order against a party
requiring delivery of a report on such terms as are just, and if an examiner
fails or refuses to make a report the court shall exclude the examiner's
testimony if offered at the trial.
(2) By requesting and obtaining a report of
the examination so ordered or by taking the deposition of the examiner, the
party examined waives any privilege the 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 the party in respect of the
same mental or physical condition.
(3) Subdivision (b) applies to an examination
made by agreement of the parties, unless the agreement expressly provides
otherwise. It does not preclude discovery of a report of an examiner or the
taking of a deposition of the examiner in accordance with the provisions of any
other rule.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
