{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-3235","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-3235","heading":"Physical and mental examination of persons","body":"A. SCOPE WHEN ELEMENT OF CLAIM OR DEFENSE. When the physical,\n\nincluding the blood group, or mental condition of a party or of a\n\nperson in custody or under the legal control of a party, is in\n\ncontroversy in any proceeding in which the person relies upon that\n\ncondition as an element of his claim or defense, an adverse party\n\nmay take a physical or mental examination of such person.\n\nB. PROCEDURE WHEN ELEMENT OF CLAIM OR DEFENSE. The party\n\ndesiring to take the physical or mental examination of another party\n\nor of a person in custody or control of another party within the\n\nscope of subsection A of this section shall serve his request upon\n\nthe person to be examined and all other parties. The request shall\n\nspecify the time, place, manner, conditions and scope of the\n\nexamination and the person or persons by whom it is to be made.\n\nNo request shall be served until thirty (30) days after service\n\nof summons and petition upon the defendant. The request shall set a\n\ntime for the examination not less than five (5) days after service\n\nof the notice.\n\nIf the party or person in custody or control of the party who is\n\nto be examined objects to the physical or mental examination then he\n\nshall file a motion objecting to the examination and setting out the\n\nreasons why his mental or physical condition is not in controversy\n\nor such person may apply for a protective order under the provisions\n\nof subsection C of Section 3226 of this title. The burden of proof\n\nis upon the person objecting to the examination or requesting a\n\nprotective order. The court may set the conditions for examination\n\nor refuse to permit such examination if the mental or physical\n\ncondition is not in controversy. If the party or the person in\n\ncustody or control of the party refuses to obey the court order to\n\nsubmit to a physical or mental examination the court may impose\n\nthose sanctions provided for in paragraph 4 of subsection A and\n\nparagraph 2 of subsection B of Section 3237 of this title.\n\nIf the motion is granted to prohibit the examination, the court\n\nmay impose those sanctions provided for in paragraph 4 of subsection\n\nA of Section 3237 of this title upon the party requesting the\n\nexamination.\n\nC. ORDER FOR EXAMINATION. When the physical, including the\n\nblood group, or mental condition of a party, or a person in the\n\ncustody or under the legal control of a party, is in controversy but\n\ndoes not meet the conditions set forth in subsection A of this\n\nsection, the court in which the action is pending may order the\n\nparty to submit to a physical or mental examination by a suitably\n\nlicensed or certified examiner or to produce for such examination\n\nthe agent, employee or person in his custody or legal control. The\n\norder may be made only on motion for good cause shown and upon\n\nnotice to the person to be examined and to all parties. The order\n\nshall specify the time, place, manner, conditions and scope of the\n\nexamination and the person or persons by whom it is to be made.\n\nD. REPRESENTATIVE MAY BE PRESENT. A representative of the\n\nperson to be examined may be present at the examination.\n\nE. REPORT OF EXAMINER.\n\n1. If requested by the party or the person examined under this\n\nsection, the party causing the examination to be made shall deliver\n\nto him a copy of a detailed written report of the examiner setting\n\nout his findings, including results of all tests made, diagnoses and\n\nconclusions, together with the like reports of all earlier\n\nexaminations of the same condition. After delivery, the party\n\ncausing the examination shall be entitled upon request to receive\n\nfrom the party or person against whom the order is made a like\n\nreport of any examination, previously or thereafter made, of the\n\nsame condition, unless, in the case of a report of examination of a\n\nperson not a party, the party shows that he is unable to obtain it.\n\nThe court on motion may enter an order against a party requiring\ncausing the examination shall be entitled upon request to receive\n\nfrom the party or person against whom the order is made a like\n\nreport of any examination, previously or thereafter made, of the\n\nsame condition, unless, in the case of a report of examination of a\n\nperson not a party, the party shows that he is unable to obtain it.\n\nThe court on motion may enter an order against a party requiring\n\ndelivery of a report on such terms as are just. If an examiner\n\nfails or refuses to make a report the court may exclude his\n\ntestimony if offered at the trial.\n\n2. If the physician or psychotherapist-patient privilege has\n\nnot already been waived as provided in the Oklahoma Evidence Code\n\nrequesting and obtaining a report of the examination made or by\n\ntaking the deposition of the examiner, the party examined waives any\n\nprivilege he may have in that action or any other involving the same\n\ncontroversy, regarding the testimony of every other person who has\n\nexamined or may thereafter examine him in respect of the same\n\nphysical or mental condition.\n\n3. This subsection applies to examinations made by agreement of\n\nthe parties, unless the agreement expressly provides otherwise.\n\nThis subsection does not preclude discovery of a report of an\n\nexaminer or the taking of a deposition of the examiner in accordance\n\nwith the provisions of any other section of the Oklahoma Discovery\n\nCode.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3e2f8eb0521b985a0f93dff1d64470a2254f467c28e989d01fd055512a3f3cae","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-3234","next":"us-ok/okla.-stat.-tit.-12-12-3236"},"notice":"GroundRules: Original legal text. Not legal advice."}