KANSAS OFFICE of
  REVISOR of STATUTES

  

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60-235. Physical and mental examinations. (a) Order for an examination. (1) In general. The court where the action is pending may order a party whose mental or physical condition, including blood group, is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.

(2) Motion and notice; contents of the order. The order:

(A) May be made only on motion for good cause and on notice to all parties and the person to be examined;

(B) must specify the time, place, manner, conditions and scope of the examination, as well as the person or persons who will perform it; and

(C) must direct the moving party to advance the expenses that will necessarily be incurred by the party or person to be examined.

(b) Examiner's report. (1) Request by the party or person examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner's report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.

(2) Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions and the results of any tests.

(3) Scope. This subsection applies also to an examination made by the parties' agreement, unless the agreement states otherwise. This subsection does not preclude obtaining an examiner's report or deposing an examiner under other law.

(c) Reports of other examinations. Any party may request, and is entitled to receive, from another party like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them. Reports provided under this subsection must contain the information specified in subsection (b)(2).

(d) Failure to deliver a report. The court on motion may order, on just terms, that a party deliver a report of an examination under subsection (b) or (c). If the report is not provided, the court may exclude the examiner's testimony at 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; L. 2010, ch. 135, § 104; L. 2011, ch. 48, § 10; July 1.

Cross References to Related Sections:

Failure to comply with order, consequences, see 60-237(b)(2).

Perpetuation of testimony, order and examination, see 60-227(a)(3).

Law Review and Bar Journal References:

Use in proving mental illness in divorce action in "Divorce Under the New Code," Dan Hopson, Jr., 33 J.B.A.K. 165, 166 (1964).

Discussed, possible use of this section in suit for custody of child, Dan Hopson, Jr., 12 K.L.R. 27 (1963).

1963-65 survey of family law, John W. Brand, Jr., and Dan Hopson, Jr., K.L.R. 271, 284 (1965).

"Interrogatories Restrained," Roger D. Stanton, 37 J.B.A.K. 7, 9 (1968).

"Discovery Techniques in Workmen's Compensation: Largely Undiscovered?" Robert Fowks, 42 J.B.A.K. 83, 84 (1973).

This section and its federal counterpart cited in "Rule No. 35—A Methodology For Obtaining Medical Examination of Litigants," Rene Hausheer, 46 J.B.A.K. 17, 19, 20 (1977).

"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 101 (1979).

"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449, 474 (1981).

"Survey of Kansas Law: Family Law," 29 K.L.R. 511, 527 (1981).

"More Problems for Plaintiff's Lawyers (Local Rule 220 of the Eighteenth Judicial District)," Patrick J. Michaud, 4 J.K.T.L.A. No. 1, 18 (1980).

"In the Best Interests of the Divided Family: An Analysis of the 1982 Amendments to the Kansas Divorce Code," Nancy G. Maxwell, 22 W.L.J. 177, 205, 206 (1983).

"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 32 K.L.R. 543, 554 (1984).

"Videotaping a Defense Medical Examination," Ryan E. Hodge, J.K.A.J. Vol. 31, No. 5, 10 (2008).

"Successful Expert Discovery in Kansas State Court Civil Litigation," Steve R. Fabert, 82 J.K.B.A. No. 1, 36 (2013).

CASE ANNOTATIONS

1. Denial of disability welfare benefits for refusal to submit to medical examination on religious grounds not abridgment of religious freedom hereunder. Powers v. State Department of Social Welfare, 208 K. 605, 616, 493 P.2d 590.

2. When mental condition of parent is basic issue of dependent and neglected child proceedings, district court may proceed hereunder. In re Kerns, 225 K. 746, 749, 750, 751, 594 P.2d 187.

3. Mentioned; the trial judge has discretion to order a psychiatric examination of a complaining witness in a sex crime case. State v. Gregg, 226 K. 481, 485, 602 P.2d 85.

4. Cited in holding incapacitated parent entitled to service on guardian and conservator (60-304(c)) in severance proceedings. In re Baby Boy Bryant, 9 K.A.2d 768, 774, 689 P.2d 1203 (1984).

5. No abuse of discretion in admitting testimony of defendant's expert witness where requested report received before deposition per court order. Hagedorn v. Stormont-Vail Regional Med. Center, 238 K. 691, 698, 715 P.2d 2 (1986).

6. Trial court's broad discretion regarding examination by a physician or a particular physician examined. Curry v. Klein, 251 K. 670, 840 P.2d 443 (1992).

7. No physician-patient relationship exists when independent medical examination is ordered or agreed to during litigation. Smith v. Welch, 265 K. 868, 870, 967 P.2d 727 (1998).


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