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December 2010 CIVIL PROCEDURE Ch 1, p.35
place, and manner of making the inspection and performing the related acts. The request may specify
the form in which electronically stored information is to be produced.
b. The party upon whom the request is served shall serve a written response within 30 days after the
service of the request, except that a defendant may serve a response within 60 days after service of the
original notice upon that defendant. The court may allow a shorter or longer time. The response shall
state, with respect to each item or category, that inspection and related activities will be permitted as
requested, unless the request is objected to, including an objection to the requested form for producing
electronically stored information, stating the reasons for the objection. If objection is made to part of
an item or category, the part shall be specified. If objection is made to the requested form for producing
electronically stored information—or if no form was specified in the request—the responding party
must state the form it intends to use.
c. The party submitting the request may move for an order under rule 1.517 with respect to any
objection to or other failure to respond to the request or any part thereof, or any failure to permit
inspection as requested.
d. Unless the parties otherwise agree, or the court otherwise orders:
(1) A party who produces documents for inspection shall produce them as they are kept in the
usual course of business or shall organize and label them to correspond with the categories in the
request.
(2) If a request does not specify the form for producing electronically stored information, the
responding party must produce the information in a form in which it is ordinarily maintained or in a
form that is reasonably usable.
(3) A party need not produce the same electronically stored information in more than one form.
[Report 1943; amendment 1973; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002; February 14, 2008, effective May 1, 2008]
Rule 1.513 Reserved.
Rule 1.514 Action for production or entry against persons not parties. Rule 1.512 does not
preclude an independent action against a person not a party for production of documents and things
and permission to enter upon land.
[Report 1943; amendment 1957; amendment 1973; November 9, 2001, effective February 15, 2002; February
14, 2008, effective May 1, 2008]
Rule 1.515 Physical and mental examination of persons. 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
or mental examination by a health care practitioner or to produce for examination the person in the
party’s 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 1943; amendment 1957; amendment 1973; October 31, 1997, effective January 24, 1998; November
9, 2001, effective February 15, 2002]
COMMENT: Rule 1.515 expands the category of those who can conduct a court-ordered physical or mental examination from
only physicians to all health care practitioners.
Rule 1.516 Report of health care practitioner.
1.516(1) If requested by the party against whom an order is made under rule 1.515 or the person
examined, the party causing the examination shall deliver a copy of the examiner’s detailed written
report setting out the findings, including results of all tests made, diagnosis and conclusions, together
with like reports of all earlier examinations of the same condition. After delivery, if requested by the
party causing the examination, the party against whom the order is made shall deliver a like report
of any examination of the same condition, previously or thereafter made, unless the party shows an
inability to obtain a report of examination of a nonparty. The court on motion may order a party to
deliver a report on such terms as are just. If an examiner fails or refuses to make a report the court
may exclude the examiner’s testimony if offered at the trial.
1.516(2) 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 the party may have in that action