KANSAS STATUTES AND CODES

60-235. Physical and mental examination of persons.

60-235

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

60-235. Physical and mental examination of persons.(a) Order for examination. When the mental or physical condition, includingthe blood group, of a party, or of a person inthecustody orunder the legal control of a party, is in controversy, the court inwhich the action is pending may order the party to submit to a physicalor mental examination by a suitably licensed or certifiedexaminer or to produce for examination theperson in the party's custody or legal control. The order may be made only onmotion for good cause shown and upon notice to the person to be examinedand to all parties and shall specify the time, place, manner,conditions and scope of the examination and the person or persons bywhom it is to be made. The moving party shall advance the expenses whichwill necessarily be incurred by the party to be examined.

(b) Report of examiner. (1) If requested bytheparty against whom an order is made under subsection (a)or by the person examined, the party causing the examination to bemade shall deliver to the party or person making the requesta copy of a detailed written report of the examiner, setting out theexaminer's findings, including results ofalltests made, diagnoses and conclusions, together with like reports of allearlier examinations of the same condition.

(2) This subsection applies to examinations made by agreement of theparties, unless the agreement expressly provides otherwise. Thissubsection does not preclude discovery of a report of an examiner or the takingof a deposition of theexaminer in accordancewith the provisions of any other rule.

(c) Reports of other examinations. Any party shall be entitled uponrequest to receive from a party a report of any examination, previouslyor thereafter made, of the condition in controversy, except that the partyshall not be required to provide such a report if the examination is ofa person not a party and the party is unable to obtain a report thereof.Reports required to be provided under this subsection shall contain thesame information as specified for reports under subsection (b).

(d) Order requiring delivery of report. The court on motion may makean order against a party requiring delivery of a report under subsection(b) or (c) on such terms as are just. If an examiner failsor refuses tomake or deliver such a report, the court may exclude theexaminer's testimonyif offered at the trial.

History: L. 1963, ch. 303, 60-235;amended by Supreme Court order dated July 20, 1972;L. 1980, ch. 172, § 1;L. 1997, ch. 173, § 18; July 1.