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5 verbatim requirements extracted from judge-cynthia-l-cox__CME-GUIDELINES.pdf, across 2 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. HEARING TIME & ARGUMENT LIMITS • JUDGE COX’S CIVIL JURY DIVISION GUIDELINES REGARDING COMPULSORY MEDICAL EXAMINATIONS CONDUCTED PURSUANT TO FLA. R. CIV. P. 1.360(a)(I)(A) AND IF ORDERED 1.360 (a)(I)(B), AS WELL AS 1.360(b)AND 1.390(b) & (c) In order to assist counsel for all parties seeking to invoke the privileges and protections afforded under Fla. R. Civ. P. 1.360, the Court herein addresses the most frequently disputed matters that are brought before the Court. The examination under the Rule is a Compulsory Examination and not an Independent Examination. The physician or healthcare provider was not chosen by the court. The examination must not be referred to during the actual examination or in front of the jury as an “independent medical exam” or “court ordered medical exam.” REQUEST FOR EXAMINATIONS AND OBJECTIONS Requests for an examination must set forth the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination with specificity. If examinations under these rules are requested, such written request should be made no later than 150 days before the pretrial date to allow time for objections, hearings on same, an opportunity to reset the examination, for the preparation of a report, and for a deposition, all to be conducted w ithin the discover deadlines set forth in the Agreed Case Management Plan and Order. Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served. The objections must state the specific reasons for the objections. A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an “Abandonment of the Request” under the rules. Examinations sought under Fla. R. Civ. P. 1.360(a)(1)(B) [non -physical condition] must be obtained with an order from this Court, or with a written agreement of all parties in the form of an agreed order submitted to this Court. Please make certain the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination are set forth with specificity. See Maddox v. Bullard, 141 So. 3d 1264 (Fla. 5 th DCA July 11, 2014) [Order on psychological examination reversed because specifics were not set forth in the order including the “manner, conditions or scope of the examination thereby, in effect, giving the psychologist ‘carte blanche…”). A form of Order regarding Rule 1.360 Examination is attached hereto as Exhibit A to facilitate the parties meet and confer process to either narr ow the issues/objections for immediate hearing or draft a proposed agreed order. A copy of said form order in Word format can be found on the Division website. The date and time of the examination must be coordinated with opposing counsel. If the attorneys cannot agree on a mutually convenient date for the examination to occur within 45 days of the request, the Court, upon written motion, will pick the date witho ut consultation with counsels’ calendars. • LOCATION OF EXAMINATION The examination should occur in the county where the case is being tried absent agreement of counsel to the contrar y. An out-of-county examination must be approved by the Court after an evidentiary hearing and the proper record having been made. While requiring an in-county exam is not a hard and fast, inflexible rule, it is generally well within the Court’s discretion. See McKenney v Airport Rent-A-Car, 686 So. 2d 771 (Fla. 4 th DCA 1997). Generally, if an out-of- county examination is to be conducted, the transportation and loss of work expense will have to be born by the party requesting the examination. A plaintiff who was a resident of Florida and who has now moved out of State, or who was a guest in State may be requested to undergo a CME. Knowing that such a request is permitted under the rules and is a normal process of litigation, attorneys for the Plaintiff should notify opposing counsel when they learn that their client is going to move out of State to allow for an examination before the party moves. A request that an out-of-state examination be done if not agreed to, will require a hearing. Multiple factors will be considered by the Court, not the least of which is whether or not opposing counsel was notified that plaintiff was permanently moving before he/she moved. While it may be an inconvenience and an expense to plaintiff to return to Florida for an examination, it is also an inconvenience and an expense to defendant to have the defendant’s examining doctor have to travel to Florida for the trial to testify. Factors such as the cooperation of Plaintiff, timeliness of the requested examination, type and availability of the physician or expert needed for the condition, whether it is an initial or subsequent or updated examination, whether it is in conjunction with a deposition or mediation that is also scheduled, and the cost as well as who will be paying the cost will be considered and evaluated. See, Goeddel v. Davis, 993 So. 2d 99 (Fla. 5 th DCA 2008). • TIMES FOR THE EXAMINATION While an expert’s time is valuable, so is the time of the party who is being examined. The party being examined should arrive no later than 15 minutes before the start time of the examination. Examinations which have been scheduled for a specific time should commence within 30 minutes of that time. The party who was to be examined will be free to leave the examiner’s office if she/he has not been called in for examination after having waited for 30 minutes from the published start time of the examination. EXPERT REPORTS AND ANTICIPATED DISCOVERY AND TESTIMONY SUBPOENAS Retained experts must be produced for discovery deposition without the necessity of a subpoena. If specific items are to be brought to the deposition by the retained expert witness, opposing counsel must be notified well in advance of the deposition. All experts should be under subpoena for trial. The Court cannot force a witness to appear who is not under subpoena. WRITTEN REPORTS AND DEPOSITION OF THE EXAMINER Pursuant to Fla. R. Civ. P. 1.360(b) a “detailed written report” will be issued by the examining physician or healthcare provider and provided to all counsel no later than 30 days after the day of the examination. As noted in the rule, “...if an examiner fails or refuses to make a report, the court may exclude the examiner’s testimony at trial.” The party requesting the examination shall also provide to opposing counsel, at the time the examination is scheduled, no less than three dates when the examiner will be available for oral deposition. The witness shall be available to be deposed within ten (10) days of rendering the report. Should any of the dates be within 30 days of the examination, the above referred to CME written report shall be provided to deposing counsel no later than 5 days before the deposition date. The examiner shall be made available for deposition within the discovery deadlines set forth in the Agreed Case Management Plan and Order. No report under Fla. R. Civ. P. 1.360 will be admissible at trial absent a stipulation by the parties. OPINIONS NOT CONTAINED IN WRITTEN REPORTS Experts rendering opinions under this rule will be prohibited from expressing opinions, diagnostic impressions, causation opinions and other conclusions that are not contained within the written report. Any changes of opinions or conclusions based on new information must be made known to opposing counsel immediately, a revised or supplemental report provided and dates for updated depositions must also be provided. At trial, failure to have taken all immediate, timely and reasonable steps to advise opposing counsel of changes in experts’ opinions or conclusions will mitigate against allowing such testimony. See Office Depot v. Miller, 584 So. 2d 587 (Fla. 4th DCA 1991). Page 5 of 6 • Page 6 of 6 HIPPA REQUIREMENTS All protected health information generated or obtained by the examiner shall be kept in accordance with HIPAA requirements and shall not be disseminated by the examiner or defense counsel to any person or entity not a party to this case without a specific order from this Court. Once the instant litigation has concluded, the examiner may destroy the file. EXPERT FEES AND CHARGES The Court will not require counsel to tender fees for discovery or trial testimony in advance of or as a condition of the examiner appearing. However, the Court does not require full payment to be remitted to the examiner no later than 10 business days fro m receipt of the invoice from the examiner’s office. The retaining party is free to compensate an expert witness any amount they deem appropriate or any amount which they have agreed by contract to pay . The Court will only require opposing counsel to pay a reasonable fee for the time reserved or the time used whichever is less. If counsel and the examiner can agree on such a fee, that fee will apply. If no agreement can be reached, the Court will, up on proper motion and hearing and notice to all parties of interest, including the examiner, establish a reas onable fee for the services. In some cases, this may involve an evidentiary hearing as to the reasonable amount of the fee and the time expended. Be sure to advise the Judicial Assistant as to how much time will be needed. Fla. R. Civ. P. 1.390(c). DISCOVERY DISPUTES • ITEMS AND INFORMATION TO BE BROUGHT TO EXAMINATION The person being examined is not required to bring any medical records, diagnostic films or studies or aids or reports with him/her.1 See Franklin v. Nationwide Mut. Fire Ins. Co ., 566 So. 2d 529 (Fla 1st DCA 1990) (requesting party must obtain records through normal discovery process). See also Rojas v Ryder Truck Rental, Inc., 641 So. 2d 855 (Fla. 1994) (proper for injured party to sign appropriately limited release for out-of-state medical records where subpoenas have been ignored). The person being examined should have a form of identification to verify their identity if requested. If a patient information sheet was forwarded to counsel for the party to be examined at least 10 business days before the examination, the party to be examined should bring the completed information sheet with them. Written intake forms or histories that are deemed necessary by the examiner must be provided to counsel for the party to be examined no later than 10 days prior to the exam . These forms can be reviewed by counsel and completed by the party to be examined and must be brought to the office of the examiner on the day of the exam. The examining physician may question the party about entries made on the form regarding medical issues. See Bozman v. Rogers, 640 So. 2d 180 (Fla. 1 51 DCA 1994) (Court could require party being examined to provide all “appropriate” information by filling out forms and answering questions at CME). The party being examined will not be required to provide information as to when or why they retained counsel. Further, while they will not be required to respond to questions regarding who was at fault in the accident, they will need to respond to inquiry from the healthcare provider regarding the mechanics of the accident and their body movements within the vehicle or at the time of the incident. They will be required to provide their medical history without limitation as to time frame and a work history with regard to the physical attributes and activities of their present and past occupations and hobbies. LIMITATIONS ON EXAMINATION The examiner will be limited to non -invasive procedures unless a prior order from the Court has been obtained and will further be limited to the extent of the examination that was set forth in the “Request for Examination” and/or Order allowing the examination. The party being examined shall not be required to disrobe or appear in a medical gown, unless medically necessary and the clothes being worn to the examination do not allow for a complete examination. Neither an examination nor subsequent opinions resulting from the examination outside of the examiner’s specialty will be permitted. If any diagnostic tests (i.e. x -rays, MRI’s, CTs etc.) are determined necessary by the Defendant’s examiner, the Court shall rule on the need for any such tests prior to the tests being performed. Further, if such diagnostic tests are ruled necessary by the Court, such tests shall be limited solely to the part(s) of the body at issue in this case. 1. If the original records, films or other diagnostic aids are in the actual possession of the party, or his/her guardian, being examined, those records would have to be produced at the time of the examination upon property written request. Page 4 of 6
JUDGE COX’S CIVIL JURY DIVISION GUIDELINES REGARDING COMPULSORY MEDICAL EXAMINATIONS CONDUCTED PURSUANT TO FLA. R. CIV. P. 1.360(a)(I)(A) AND IF ORDERED 1.360 (a)(I)(B), AS WELL AS 1.360(b)AND 1.390(b) & (c) In order to assist counsel for all parties seeking to invoke the privileges and protections afforded under Fla. R. Civ. P. 1.360, the Court herein addresses the most frequently disputed matters that are brought before the Court. The examination under the Rule is a Compulsory Examination and not an Independent Examination. The physician or healthcare provider was not chosen by the court. The examination must not be referred to during the actual examination or in front of the jury as an “independent medical exam” or “court ordered medical exam.” REQUEST FOR EXAMINATIONS AND OBJECTIONS Requests for an examination must set forth the time, place, manner, conditions and scope of the examin
Reviewer note: Document sha256: 37be8ab7be0eb057be1ab087846443bcbb94e09d310e0d641cf2286e4560b938. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass.
1 verbatim requirement published by Palm Beach magistrate 01 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 02 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 03 on hearing time & argument limits.