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9 verbatim requirements extracted from judge-lillian-ewen__Guidelines-Regarding-Compulsory-Medical-Examination-with-Exhibit-A.pdf, across 3 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 • CIVIL JURY DIVISION GUIDELINES REGARDING COMPULSORY MEDICAL EXAMINATIONS CONDUCTED PURSUANT TO FLA. R. CIV. P. 1.360(a)(l)(A) AND IF ORDERED l.360(a)(l )(B), AS WELL AS l.360(b) AND 1.390(b)& (c) 1 In ord er to assist counsel for all parties seeking to invoke the privileges and protections afforded under Fla. R. Ci v. P. 1.360, the Court herein addresses the most frequently disputed matters that are brought before the Cou rt . The examination under the Rule is a Compulsory Examination and not an Independent Examination. The physician or healthcare provide r 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 "i ndependent medical exam" or "court ordered medical exam." Request for, Objections to and Hearings on Requests for an examinat ion must set fort h the time, place, m anner, conditions, and scope of the examination as well as the name of and the qualifications of the person conducting the examination wi th specificity. If examinations under these rules are requested such written request should be made no later than 150 days before the pretrial statement to allow time for objections, hearings on same and an opportunity to reset the examination. Objections to "Examination of Persons" under Fla. R. Civ. P. 1.360(a)(l )(A) must be filed no later than 30 days from the written request assuming service of proce ss has occurred at least 15 days prior to the requ est being served. The objections must state the specific reasons for the objections. A hearing must be im mediate ly requested on any objection filed. Failure to set the objection for immed iate hearing wi ll be deemed an "Abandonment of the Request" under the rules. Exami nations sought under Fla. R. Civ. P. 1.360(a)(l )(B) [non-physi cal condition] must be obtained wi th an order from this Court, or with a written agre ement of all parties in the form of an agreed order submitted to thi s 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. 5th DCA July 11, 2014) [Order on psychological examination reversed because specifics were not set forth in the order i ncluding the "manner, conditions or scope of the examination thereby, in effect, giv ing the psychologist 'carte blanche' ... "). A form Order Regarding Rul e 1.360 Examination is 1 These "Guidelines" are published to assist trial counsel with issues that routinely come before the Civil Courts i nvolving expert examinations of injured parties and discovery of those expert opinions. Counsels are not precluded from filing the appropriate motions and obtaining a hearing before the Court on a particular case should the facts of that case, in good faith, suggest that these standard provisions should not control. 1 • attached hereto as Exhibit A to facilitate the parties meet and confer process to either narrow 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.2 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 without 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 contrary. 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. 4th 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 conjunctions 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, Goedde/ v. Davis, 993 So. 2d 99 (Fla. 5th DCA 2008) [clarifying Tsutras to say that the examination must be at a "reasonable place," not that it required Plaintiff to return to forum especially after he had already come to Florida for a deposition]; See also, Tsutras v. Duhe, 85 So. 2d 979 (Fla. 5th DCA 1997). If Plaintiff is out-of- 2 See website: 19th Judicial Circuit Court o f Florida (circuit19.org) 2 • 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. I 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. 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, MRls, 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. 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. 5 • HIPAA 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 require full payment to be remitted to the examiner no later than 10 business days from 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, upon proper motion and hearing and notice to all parties of interest, including the examiner, establish a reasonable 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. See Fla. R. Civ. P. 1.390(c). The Court gratefully acknowledges that these Guidelines were prepared by the Honorable John Kest and previously adopted, with minor changes, by the 19th Circuit Court Civil Division. 7 • report of the examiner shall be sent to Plaintiff s counsel, as required by Rule 1.360(b), within 30 days of the examination unless otherwise agreed between counsel for the parties or ordered by the court due to special circumstances. 8a. If the examination involves neuropsychological testing: In addition to the report, the examiner shall provide all raw data, including copies of all notes, tests, test results, scoring and test protocols, to PlaintifPs treating or retained psychologist or neuropsychologist, who must return them to the defense examiner at the conclusion of this case. 9. All protected health information generated or obtained by the examiner shall be kept in accordance with HIPPA requirements and shall not be disseminated by the examiner or defense counsel to any other person or entity not a party to this case without a specific order from this court. 10. The defense doctor shall not be identified as "independent", "appointed by the court" or the like. The examination shall be referred to as a "Compulsory Medical Examination." 11. Plaintiff shall not be required to wait any longer than thirty (30) minutes for the compulsory examination to begin from the start time referenced above. Likewise, the Compulsory Medical Examination doctor is not required to wait any longer than thirty (30) minutes from the start time referenced above for the Plaintiff to arrive. If there is an emergency by either the physician or the Plaintiff, each person shall immediately notifu their respective legal representative with the reason for the need to reschedule. 12. Defense counsel must provide the examiner with a copy of this Order and explain the need for the examiner's compliance. 4 DISCOVERY DISPUTES • Number of Examinations Generally a party will be limited to one examination in a specialty. A second examination will only be allowed upon good cause being shown. Royal Caribbean Cruises, Ltd. v. Cox, 974 So. 2d 462 (Fla. 3d DCA 2008). However, when there are multiple defendants, from separate accidents, and the allegation alleges that the injuries from the three accidents are "indivisible and superimposed upon one another and the plaintiff is unable to apportion her damages between them" each defendant may be entitled to a separate CME. Goicochea v. Lopez, 39 Fla. L. Weekly D1245b (Fla. 3d DCA June 11, 2014) [noting that plaintiff had "pitted codefendant against codefendant."] Videotape and Stenographic Record of Examination As noted above, a person being examined may be accompanied by a videographer, certified court reporter, and/or interpreter. The recordings are the property of the legal representative of the person being examined and are not discoverable without further order of this Court. Only if the video is identified as impeachment material for use at trial or if the work product privilege is waived through action or words may the defense counsel obtain a copy. See Maguire v. Pool Doctor of Palm Beaches, Inc., 23 So. 3d 865 (Fla. 4th DCA 2009) (citing McGarrah v. Bay.front Medical Center, Inc., 889 So. 2d 923 (Fla. 2d DCA 2004). The party requesting the examination is not permitted to record or video tape the examination nor photograph the Plaintiff. Items and Information to Be Brought The person being examined is not required to bring any medical records, diagnostic films or studies or aids or reports with him/her.3 See Franklin v. Nationwide Mut. Fire Ins. Co., 566 So. 2d 529 (Fla. I st 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. 3 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 proper written request. 4 • 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 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 if offered at the 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 ( I 0) 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. 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). 6 EXHIBITS & EVIDENCE • vs. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: DIVISION: Plaintiff( s ), Defendant( s). -------------- -- - ORDER REGARDING RULE 1.360 EXAMINATION 1 Pursuant to Florida Rule of Civil Procedure 1.360 ("Examination of Persons"), Defendant(s) counsel has notified Plaintiff(s) counsel that the Plaintiff, ______ _ __ 1s requested to present for a noninvasive medical examination as follows: Examiner: Address: Date: Time: Scope: 1 This Order is subject to modification based upon the unique circumstances of each case, upon motion of any party. EXHIBIT A • 4. Plaintiff is permitted to have his/her attorney (and spouse, or parent, or other representative) present for the examination, provided that only one of these listed non-attorney persons may attend. Such persons may unobtrusively observe the examination, unless the examiner or defense counsel establishes a case-specific reason why such person's presence would be disruptive, and that no other qualified individual in the area would be willing to conduct the examination with such person present. In the case of a neuropsychological exam, all observers shall watch and listen from an adjacent room if available, or by video feed. If the examination is to be recorded or observed by others, the request or response of the examinee's attomey shall include the number of people attending, their role, and the methods of recording. 5. Plaintiff s counsel (or a representative) may videotape the examination and/or also send a court reporter and/or videographer to the examination, provided that they do not interfere with the examination. 6. Neither Defendant's attomey nor any of Defendant's representatives may attend, observe, record or video the exam. Only if the video is identified as impeachment material for use at trial may the defense counsel obtain a copy. The medical examiner shall not be entitled to any payment of an additional fee or accommodation fee from the Plaintiff or his/her counsel, simply because of the presence of legally permitted third parties. 7. If a videotape or digital recording is made of the examination by counsel for Plaintiff, it is considered work-product, and neither the defense nor the examiner is entitled to a copy, unless and until same is designated as (or reasonably expected to become) trial evidence, subject to discovery only upon a showing of need and undue hardship. 8. The examining physician shall prepare a detailed written reporting setting forth all of the examining physician's findings, including all tests made, diagnoses and conclusions. The a J
CIVIL JURY DIVISION GUIDELINES REGARDING COMPULSORY MEDICAL EXAMINATIONS CONDUCTED PURSUANT TO FLA. R. CIV. P. 1.360(a)(l)(A) AND IF ORDERED l.360(a)(l )(B), AS WELL AS l.360(b) AND 1.390(b)& (c) 1 In ord er to assist counsel for all parties seeking to invoke the privileges and protections afforded under Fla. R. Ci v. P. 1.360, the Court herein addresses the most frequently disputed matters that are brought before the Cou rt . The examination under the Rule is a Compulsory Examination and not an Independent Examination. The physician or healthcare provide r 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 "i ndependent medical exam" or "court ordered medical exam." Request for, Objections to and Hearings on Requests for an examinat ion must set fort h the time, place, m anner, conditions, and scope of the exa
Reviewer note: Document sha256: 5972ffe41c0253a53849213479f3dd5137d8f78a93855d347e78df62e5d37922. 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.