RULE 63. PHYSICAL, MENTAL, AND VOCATIONAL EVALUATIONS

Arizona Rules of Family Law Procedure

A.  Order for Evaluation. When the mental, physical, or vocational condition of a party or any other person is in controversy, the court may order that person to submit to a physical, mental, or vocational evaluation by a designated expert or to produce for evaluation 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 evaluated (unless the person to be evaluated is a minor child of one or both of the parties), and to all parties and shall specify the time, place, manner, conditions, and scope of the evaluation and the person or persons by whom it is to be made. The person to be evaluated shall have the right to have a representative present during the evaluation, unless the presence of that representative may adversely affect the outcome of the evaluation. The person to be evaluated shall have the right to record by audiotape any physical evaluation. A mental or vocational evaluation may be recorded by audiotape, unless such recording may adversely affect the outcome of the evaluation. A copy of any record made of a physical, mental, or vocational evaluation shall be provided to any party upon request.

B.  Report of Evaluator.

1.  If requested by the party against whom an order is made under paragraph A or the person evaluated, the party causing the evaluation to be made shall deliver to the requester, within twenty (20) days of the evaluation, a copy of the detailed written report of the evaluator setting out the evaluator’s findings, including the results of all tests made, diagnoses and conditions, together with like reports of all earlier evaluations of the same condition and copies of all written or recorded notes filled out by the evaluator and the person evaluated at the time of the evaluation, providing access to the original written or recorded notes for purposes of comparing same with the copies. After delivery the party causing the evaluation shall be entitled upon request to receive from the party against whom the order is made a like report of any evaluation, previously or thereafter made, of the same condition, unless, in the case of a report of evaluation of a person not a party, the party shows that such party is unable to obtain it. The court, on motion, may order a party to deliver a report on such terms as are just, and if any expert fails or refuses to make a report the court may exclude the expert’s testimony.

2.  By requesting and obtaining a report of the evaluation so ordered or by taking the deposition of the evaluator, the party evaluated waives any privilege the party may have in that action, or any other involving the same controversy, regarding the testimony of every other person who has evaluated or may thereafter evaluate the party in respect of the same mental, physical or vocational condition.

3.  Paragraph B applies to evaluations made by agreement of the parties, unless the agreement expressly provides otherwise. Paragraph B does not preclude discovery of a report of any expert or the taking of a deposition of any expert in accordance with the provisions of any other rule.

C.  Alternate Procedure; Notice of Evaluation; Objections.

1.  When the parties agree that a mental, physical, or vocational evaluation is appropriate but do not agree as to the evaluator, the party desiring the evaluation may seek it by giving reasonable notice in writing to every other party to the action not less than thirty (30) days in advance. The notice shall specify the name of the person to be evaluated, the time, place and scope of the evaluation, and the person or persons by whom it is to be made. The person to be physically evaluated shall have the right to have a representative present during the evaluation, unless the presence of that representative may adversely affect the outcome of the evaluation. The person to be evaluated shall have the right to record by audiotape any physical evaluation. A mental or vocational evaluation may be recorded by audiotape, unless such recording may adversely affect the outcome of the evaluation. Upon good cause shown, a physical, mental, or vocational evaluation may be video-recorded. A copy of any record made of a physical, mental, or vocational evaluation shall be provided to any party upon request.

2.  Upon motion by a party or by the person to be evaluated, and for good cause shown, the court in which the action is pending may, in addition to other orders appropriate under paragraph A, order that the evaluation be made by an expert other than the one specified in the notice. If a party after being served with a proper notice under this subdivision does not make a motion under this rule and fails to appear for the evaluation or to produce for the evaluation the person in the party’s custody or legal control, the court in which the action is pending may, on motion, make such orders in regard to the failure as are just, such as those specified in Rule 65(D).

3.  The provisions of paragraph B shall apply to an evaluation made under this paragraph C.

2018-11-19T11:24:36+00:00