{"jurisdiction": "us-ny", "code": "cplr", "section": "3121", "citation": "CPLR § 3121", "heading": "Physical or mental examination", "text": ["§ 3121. Physical or mental examination. (a) Notice of examination. After commencement of an action in which the mental or physical condition or the blood relationship of a party, or of an agent, employee or person in the custody or under the legal control of a party, is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician, or to produce for such examination his agent, employee or the person in his custody or under his legal control. The notice may require duly executed and acknowledged written authorizations permitting all parties to obtain, and make copies of, the records of specified hospitals relating to such mental or physical condition or blood relationship; where a party obtains a copy of a hospital record as a result of the authorization of another party, he shall deliver a duplicate of the copy to such party. A copy of the notice shall be served on the person to be examined. It shall specify the time, which shall be not less than twenty days after service of the notice, and the conditions and scope of the examination.", "(b) Copy of report. A copy of a detailed written report of the examining physician setting out his findings and conclusions shall be delivered by the party seeking the examination to any party requesting to exchange therefor a copy of each report in his control of an examination made with respect to the mental or physical condition in controversy."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/3121", "from_official_api": true, "plain_english": "When a party’s or controlled person’s physical or mental condition or blood relationship is disputed, another party may require an examination and specified medical-record authorizations.\n- **(a)** After the case begins, a **party may serve notice requiring the other party, or that party’s agent, employee or legally controlled person, to undergo a physical, mental or blood examination by a designated physician**. The notice may demand acknowledged authorizations for specified hospital records, must be copied to the examinee, and must set the conditions and scope and a time **at least 20 days after service**. A party receiving a hospital record through another’s authorization must **give that party a duplicate**. ★\n- **(b)** The **party seeking the examination must provide the examining physician’s detailed findings and conclusions** to a party who requests them in exchange for every report that requesting party controls about the condition in dispute.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3121", "publisher": "Elyphived LLC"}