GA Code § 9-11-35 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 11 - Civil Practice Act|Article 5 - Depositions and Discovery|§ 9-11-35. Physical and Mental Examination of Persons

  Order for examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical examination by a physician or to submit to a mental examination by a physician or a licensed psychologist or to produce for examination the person in his custody or legal control. The order may be made only on motion for good cause shown and upon 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.   Report of examining physician or psychologist.   If requested by the party against whom an order is made under subsection (a) of this Code section or by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician or psychologist setting out his findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition.   Any party shall be entitled, upon request, to receive from the party whose physical or mental condition is in issue, or who is in control of, or has legal custody of, a person whose physical or mental condition is in issue, a report of any and every examination, previously or thereafter made, of the condition in issue, unless, in the case of a report of examination of a person not a party, the party shows that he is unable to obtain it.   The court, on motion, may make an order against a party requiring delivery of a report under paragraph (1) or (2) of this subsection on such terms as are just; and, if a physician or psychologist fails or refuses to make a report, the court may exclude his testimony if offered at the trial.   By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action, or any other action involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect to the same mental or physical condition.   Paragraphs (1) through (4) of this subsection apply to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. Paragraphs (1) through (4) of this subsection do not preclude discovery of a report of an examining physician or psychologist or the taking of a deposition of the physician or psychologist in accordance with any other Code section of this chapter.      (Ga. L. 1966, p. 609, § 35; Ga. L. 1972, p. 510, § 8; Ga. L. 2001, p. 808, § 1.)   Cross references.   - Disclosure of medical records, § 24-12-10 et seq.    Appointment of physicians and surgeons for examination of employees filing claim for workers' compensation, § 34-9-101.    Examination of employee upon request by employer, and as to effect of refusal of examination, § 34-9-202.   U.S. Code.   - For provisions of Federal Rules of Civil Procedure, Rule 35, see 28 U.S.C.   Law reviews.   - For article, "Ex Parte Communications with an Opponent's Employees and Expert Witnesses: Which Potential Witnesses Can a Lawyer Talk to Without Breaking the Rules?," see 27 Ga. St. B.J. 6 (1990). For note, "Default Judgments Under the Federal Rules of Civil Procedure and the Georgia Civil Practice Act," see 7 Ga. St. B.J. 385 (1971). For comment on Rider v. Rider, 110 Ga. App. 382, 138 S.E.2d 621 (1964), see 16 Mercer L. Rev. 461 (1965).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Good Cause    OPINIONS OF THE ATTORNEY GENERAL   Commission without authority to compel medical examination.   - Neither the Professional Practices Commission nor a local board of education is a "court of record" for purposes of the Civil Practice Act (see now O.C.G.A. Ch. 11, T. 9) and, therefore, such commission is without authority to compel a party to a proceeding before it to submit to a medical examination pursuant to this section. 1977 Op. Att'y Gen. No. 77-48.   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Depositions and Discovery, § 168 et seq.   C.J.S.   - 27 C.J.S., Discovery, §§ 160, 161. 35B C.J.S., Federal Civil Procedure, §§ 727, 739 et seq., 1063.   ALR.    - Power to require plaintiff to submit to physical examination, 51 A.L.R. 183; 108 A.L.R. 142.    Nature, extent, and conduct of physical examination of party to action or proceeding to recover for personal injury or disability, 135 A.L.R. 883.   Federal Rule of Civil Procedure 35 (b) (1) and (2) and similar state statutes and rules pertaining to reports of physician's examination, 36 A.L.R.2d 946.   Appealability of order pertaining to pretrial examination, discovery, interrogatories, production of books and papers, or the like, 37 A.L.R.2d 586.   Power to require physical examination of injured person in action by his parent or spouse to recover for his injury, 62 A.L.R.2d 1291.   Right to copy of physician's report of pretrial examination where there is no specific statute or rule providing therefor, 70 A.L.R.2d 384.   Court's power to order physical examination of personal injury plaintiff as affected by distance or location of place of examination, 71 A.L.R.2d 973.   Statements of parties or witnesses as subject of pretrial or other disclosure, production, or inspection, 73 A.L.R.2d 12.   Availability of writ of prohibition to prevent illegal or unauthorized taking of depositions, 73 A.L.R.2d 1169.   Physical examination of allegedly negligent person with respect to defect claimed to have caused or contributed to accident, 89 A.L.R.2d 1001.   Production and inspection of premises, persons, or things in proceeding to perpetuate testimony, 98 A.L.R.2d 909.   Right of party to have his attorney or physician, or a court reporter, present during his physical or mental examination by a court-appointed expert, 7 A.L.R.3d 881.   Timeliness of application for compulsory physical examination of injured party in personal injury action, 9 A.L.R.3d 1146.   Requiring complaining witness in prosecution for sex crime to submit to psychiatric examination, 18 A.L.R.3d 1433.   Right of defendant in personal injury action to designate physician to conduct medical examination of plaintiff, 33 A.L.R.3d 1012.   Constitutionality, with respect to accused's rights to information or confrontation, of statute according confidentiality to sex crime victim's communications to sexual counselor, 43 A.L.R.4th 395.   Necessity or permissibility of mental examination to determine competency or credibility of complainant in sexual offense prosecution, 45 A.L.R.4th 310.   Discovery: right to ex parte interview with injured party's treating physician, 50 A.L.R.4th 714.   Right of party to have attorney or physician present during physical or mental examination at instance of opposing party, 84 A.L.R.4th 558.   Propriety of state court's grant or denial of application for pre-action production or inspection of documents, persons, or other evidence, 12 A.L.R.5th 577.   Qualification of nonmedical psychologist to testify as to mental condition or competency, 72 A.L.R.5th 529.   Right to perpetuation of testimony under Rule 27 of Federal Rules of Civil Procedure, 60 A.L.R. Fed. 924.