Rule 1.516.Report of health care practitioner
Division V: Discovery and Inspection · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.516
Plain-English Summary
Rule 1.516 governs what happens after a court-ordered examination takes place. On request from either the party against whom the exam was ordered or the person examined, the party who obtained the exam must deliver a copy of the examiner's detailed written report — findings, test results, diagnosis, and conclusions — along with reports from any earlier examinations of the same condition. Once that report is delivered, the examined side must, on request, produce comparable reports of any exam of the same condition it has obtained, unless it shows an inability to get a report from a nonparty examiner. The court can order a report delivered on other terms if needed, and if an examiner refuses to write one, the court may bar that examiner's testimony at trial.
The exchange comes with a tradeoff. By requesting and obtaining the report, or by deposing the examiner, the examined party waives any privilege regarding the testimony of every other person who has examined — or may later examine — that same condition. In other words, using the rule to get one favorable report opens the door to every other examiner's testimony on the same condition, so a party should weigh that consequence before invoking it.
Rule 1.516 applies even to exams the parties arranged by agreement, unless their agreement says otherwise, and it does not stand in the way of getting an examiner's report or deposition through some other discovery rule.
Frequently Asked Questions
Can I get a copy of the report from an examination the other side ordered?
Yes, on request, and doing so triggers a matching obligation on your part to hand over your own reports of any examination of that same condition.
What do I give up by requesting a copy of the examiner's report?
Rule 1.516(2) treats requesting or obtaining the report — or deposing the examiner — as a waiver of any privilege regarding the testimony of every other person who has examined or may later examine that same condition.
What happens if the examiner refuses to write a report?
The court may exclude that examiner's testimony if offered at trial.
Does this rule apply if the parties agreed to the examination informally, without a court order?
Yes, Rule 1.516(3) applies to examinations made by agreement unless the agreement itself provides otherwise.
Does requesting a report under Rule 1.516 block other ways of getting discovery from the examiner?
No, the rule does not preclude discovery of the examiner's report or a deposition of the examiner under any other applicable rule.