Fla. R. Civ. P. 1.360

Examination of Persons

sha256 299ed2cc5fe1c895bc9b0afc7e60d06e… · retrieved 7/11/2026, 11:08:26 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.360. 	EXAMINATION OF PERSONS
(a) 	Request; Scope.
(1) 	A party may request any other party to submit to, or
to produce a person in that other party’s custody or legal control
for, examination by a qualified expert when the condition that is the
subject of the requested examination is in controversy.
(A) 	When the physical condition of a party or other
person under subdivision (a)(1) is in controversy, the request may
be served on the plaintiff without leave of court after
commencement of the action, and on any other person with or after
service of the process and initial pleading on that party. The request
shall specify a reasonable time, place, manner, conditions, and
scope of the examination and the person or persons by whom the
examination is to be made. The party to whom the request is
directed shall serve a response within 30 days after service of the
request, except that a defendant need not serve a response until 45
days after service of the process and initial pleading on that
defendant. The court may allow a shorter or longer time. The
response shall state that the examination will be permitted as
requested unless the request is objected to, in which event the
reasons for the objection shall be stated. If the examination is to be
recorded or observed by others, the request or response shall also
include the number of people attending, their role, and the method
or methods of recording.
(B) 	In cases where the condition in controversy is
not physical, a party may move for an examination by a qualified
expert as in subdivision (a)(1). The order for examination shall be
made only after 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.

(C) 	Any minor required to submit to examination
pursuant to this rule shall have the right to be accompanied by a
parent or guardian at all times during the examination, except upon
a showing that the presence of a parent or guardian is likely to have
a material, negative impact on the minor’s examination.
(2) 	An examination under this rule is authorized only
when the party submitting the request has good cause for the
examination. At any hearing the party submitting the request shall
have the burden of showing good cause.
(3) 	Upon request of either the party requesting the
examination or the party or person to be examined, the court may
establish protective rules governing such examination.
(b) 	Report of Examiner.
(1) 	If requested by the party to whom a request for
examination or against whom an order is made under subdivision
(a)(1)(A) or (a)(1)(B) or by the person examined, the party requesting
the examination to be made shall deliver to the other party a copy of
a detailed written report of the examiner setting out the examiner’s
findings, including results of all tests made, diagnosis, and
conclusions, with similar reports of all earlier examinations of the
same condition. After delivery of the detailed written report, the
party requesting the examination to be made shall be entitled upon
request to receive from the party to whom the request for
examination or against whom the order is made a similar report of
any examination of the same condition previously or thereafter
made, unless in the case of a report of examination of a person not
a party the party shows the inability to obtain it. On motion, the
court may order delivery of a report on such terms as are just; and
if an examiner fails or refuses to make a report, the court may
exclude the examiner’s testimony if offered at the trial.
(2) 	By requesting and obtaining a report of the
examination so ordered or requested or by taking the deposition of
the examiner, the party examined waives any privilege that 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 that party concerning the same condition.
(3) 	This subdivision applies to examinations made by
agreement of the parties unless the agreement provides otherwise.
This subdivision does not preclude discovery of a report of an
examiner or taking the deposition of the examiner in accordance
with any other rule.
(c) 	Examiner as Witness. The examiner may be called as a
witness by any party to the action, but shall not be identified as
appointed by the court.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 35 as amended in 1970. The good cause requirement
under this rule has been retained so that the requirements of
Schlagenhauf v. Holder, 379 U.S. 104, 85 S. Ct. 234, 13 L. Ed. 2d
152 (1964), have not been affected. Subdivision (b) is changed to
make it clear that reports can be obtained whether an order for the
examination has been entered or not and that all earlier reports of
the same condition can also be obtained.
1988 Amendment. This amendment to subdivision (a) is
intended to broaden the scope of rule 1.360 to accommodate the
examination of a person by experts other than physicians.

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.