Arizona

Family Law

Family Law

Rule 63 – Physical, Mental or Behavioral Health, and Vocational Evaluations

(a)Examination on Order.

(1)Generally. The court where the action is pending may order a party whose physical or mental condition or ability to work is in controversy to submit to a physical examination, mental or behavioral health examination, or a vocational evaluation by a physician, psychologist, or designated expert. The court has the same authority to order a party to produce for examination a person who is in the party’s custody or under the party’s legal control.
(2)Motion and Notice; Contents of the Order. An order under this rule:

(A) may be entered only on motion for good cause and on notice to all parties and the person to be examined; by agreement of the parties, or on the court’s own motion;
(B) must specify the time, place, manner, conditions, and scope of the examination; and
(C) must specify the person or persons who will perform the examination.
(b)Examination on Notice; Motion Objecting to Examiner; Failure to Appear.

(1)Notice. When the parties agree that an examination is appropriate but do not agree on the examiner, the party seeking the examination may proceed by giving reasonable-and not fewer than 30 days-written notice to all other parties. The notice must:

(A) identify the party or person to be examined;
(B) specify the time, place, and scope of the examination; and
(C) identify the examiner(s).
(2)Motion Objecting to Examiner. After being served with a proper notice under this rule, a party who objects to the examiner(s) identified in the notice may file a motion in the court where the action is pending. For good cause, the court may order that the examination be conducted by a designated expert other than the one specified in the notice.
(3)Failure to Appear. Unless the party has filed a motion under Rule 53(a), the party must appear-or produce the person in the party’s custody or legal control-for the noticed examination. If the party fails to do so, the court where the action is pending may, on motion, make such orders concerning the failure as are just, including those under Rule 65(a)(4).
(c)Attendance of Representative; Recording.

(1)Physical or Vocational Exam. The person to be examined at a physical or vocational examination has the right to have a representative present during the examination and to make a video or audio recording of the examination unless the court determines that it may adversely affect the examination’s outcome.
(2)Mental or Behavioral Health Exam. Unless the examiner agrees, or the court orders, the person to be examined at a mental or behavioral health examination may not have a representative present during the examination or make a video or audio recording of the examination.
(d)Copy of Recording. A copy of a recording of an examination under section (c) must be provided to any party upon request.
(e)Examiner’s Report; Other Like Reports of Same Condition; Waiver of Privilege.

(1)Contents. The examiner’s report must be in writing and set out in detail the examiner’s findings, including diagnoses, conclusions, and the results of any tests.
(2)Request by the Party or Person Examined. The party who is examined-or who produces the person examined-may request the examiner’s report and written or recorded notes from the examination. If such a request is made, the party who moved for or noticed the examination must, within 20 days of the examination or request-whichever is later-deliver to the requestor copies of:

(A) the examiner’s report; and
(B) all written or recorded notes made by the examiner and the person examined at the time of the examination, and must provide access to the original written or recorded notes for purposes of comparing them with the copies.
(3)Disclosure of Other Reports. Absent good cause, the party who is examined must disclose reports of all other examinations for the same condition, except for a vocational exam protected by the work product privilege.
(4)Waiver of Privilege. An examination conducted under this rule does not constitute a waiver of any privilege that the examined party is otherwise entitled to assert under law.

Ariz. R. Fam. Law. proc. 63

Added Oct. 19, 2005, effective Jan. 1, 2006; amended effectiveJan. 1, 2019.