§ 3235.Physical and Mental Examination of Persons

Section 3235, Oklahoma's version of FRCP 35, allows a physical or mental examination -- including blood-group testing -- of a party, or of a person in a party's custody or legal control, whenever that condition is in controversy and the person relies on it as an element of a claim or defense. The party wanting the exam serves a request specifying the time, place, manner, conditions, scope, and examiner, though no request may be served until thirty days after service of the summons and petition on the defendant, and the exam must be set at least five days after the notice. Anyone objecting must file a motion setting out why the condition isn't in controversy, or seek a protective order under Section 3226(C), and bears the burden of proof on that point. Where the condition is in controversy but doesn't fit that request procedure, the court may still order an examination on motion and a showing of good cause, after notice to the person and all parties. A representative of the person being examined may attend.

On request, the party who arranged the examination must deliver a detailed written report of the examiner's findings, tests, diagnoses, and conclusions, along with reports of earlier examinations of the same condition; after that, the requesting party can in turn demand a like report of any examination the other side has had done. Requesting or obtaining that report, or deposing the examiner, waives the examined party's privilege regarding every other person who has examined or later examines the same condition, in that action or any other involving the same controversy -- a waiver rule that applies to agreed-upon examinations too, unless the agreement says otherwise. A party who refuses to obey a court order to submit to an examination, or whose motion to prohibit one is granted against the party seeking it, faces the sanctions available under Section 3237.