Art. 1465.Report of Examining Physician
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 1993 · Last verified July 30, 2026
Full Text of Art. 1465
Amendment History
Acts 1976, No. 574, §1; Acts 1993, No. 619, §1.
Plain-English Summary
Article 1465 governs what happens after an examination ordered under Article 1464. If either the person examined or the party against whom the order was made asks for it, the party who arranged the exam has to deliver a detailed written report -- findings, test results, diagnoses, and conclusions -- along with reports from any earlier examinations of the same condition.
That request comes with a trade. Once delivered, the party who arranged the exam becomes entitled to request a like report from the examined party's own doctors on the same condition, past or future. And by requesting or obtaining that report, or by deposing the examiner, the examined party waives whatever privilege they might have had over the testimony of every other person who has examined, or may later examine, the same condition -- in this action and in any other case about the same controversy. It's a genuine choice: ask for the report and open the door to related medical evidence, or forgo it and keep the privilege intact.
If a physician won't produce the report, the court can order delivery on terms it considers just, and if the refusal continues, the court can exclude that physician's testimony at trial. The article applies just as much to examinations the parties agree to on their own as to court-ordered ones, unless their agreement says otherwise, and it doesn't cut off other ways to get the examiner's findings, such as an ordinary deposition.
Frequently Asked Questions
Can I get a copy of the report from a court-ordered medical exam?
Yes, on request -- a detailed written report from the examining physician, plus reports of any earlier examinations of the same condition.
What do I give up by requesting the examiner's report?
You waive privilege over the findings of every other person who has examined, or may later examine, the same condition, in this case or any other case about the same controversy.
What happens if the examining physician won't produce a report?
The court can order delivery on terms it considers just, and if the physician still refuses, the court may exclude that physician's testimony at trial.
Does this rule apply to exams the parties agree to on their own, without a court order?
Yes, Article 1465 applies to examinations made by agreement of the parties, unless their agreement expressly says otherwise.