AB 285 — Enacts provisions relating to a mental or physical examination of certain persons in a civil action. (BDR 4-1027)

(ReprintedAssembly withBill amendmentsNo. adopted on April 16, 2019) FIRST REPRINT A.B.

285285–Assemblyman ASSEMBLYFrierson BILLNCHAPTER.......... O.

285–A SSEMBLYMAN F RIERSON M ARCH 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Enacts provisions relating to a mental or physical examination of certain persons in a civil action.

(BDR 4-1027) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiThe Counsel’sNevada Digest:Rules of Civil Procedure authorize a court to order a party or certain other persons, whose mental or physical condition is in controversy, to submit to a mental or physical examination under certain circumstances.

The Nevada Rules of Civil Procedure authorizegovern athe courttime, toplace, ordermanner, aconditions partyand orscope certainof othersuch persons,an whoseexamination. mental or physical condition is in controversy, to submit to a mental or physical examination under certain circumstances.

The(N.R.C.P. Nevada Rules of Civil Procedure govern the time, place, manner, conditions and scoThis bill authorizes an observer to be present at a mental or physical examination ordered by a court.

35) This bill authorizes thean observer to be:be present at a mental or physical attorney for the person undergoing the examination;

(1) an attorney for the person undergoing the examination;

or (3) the designated representative of such an attorney if the designated representative receives written authorization from the attorney to be the observer at the examination and the designated representative presents the written authorization to the person perThisperforming bill authorizes an observer to suspend an examination if the person conducting the examination is abusive towards the person being examined or the person conducting the examination exceeds the authorized scope of the examination.

conducting the examination is abusive towards the person being examined or the person conducting the examination exceeds the authorized scope of the examination.

If the examination is suspended, the party subject to the order for the Rulesexamination may petition a court for a protective order pursuant to the Nevada stenographic recording of Civilthe Procedure.examination.uthorizes an observer to make an audio or EXPLANATION – Matter in bolded italics is new;

Thismatter billbetween alsobrackets authorizes[omitted anmaterial] observeris material to makebe anomitted. audio or stenographic recording of the examination.

- *AB285_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

and - 80th Session (2019) – 2 – (2) The designated representative presents the authorization to the examiner before the commencement of the examination.

or (b) Exceeds the scope of the examination, including, without limitation, engaging in unauthorized diagnostics, tests or procedures.pro5.duAn examiner may suspend the examination if the observer attending the examination pursuant to subsection 1 disrupts or attempts to participate in the examination.

5.

An examiner may suspend the examination if the observer attending the examination pursuant to subsection 1 disrupts or attempts to participate in the examination.

If the examination is suspended pursuant to subsection 4 or 5, the party ordered to produce the examinee may move for a protective order pursuant to the Nevada Rules of Civil Procedure.

H~~~~~ 19 - *AB285_R1*80th Session (2019)