Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-515 - Physical and Mental Examination of Persons
Universal Citation: UT Admin Code R 151-4-515
Current through Bulletin 2024-06, March 15, 2024
(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.
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