CHAPTER 12 - 12-4 Examination by Agreement

• Jurisdiction: United States

12-4 Examination by Agreement

Under Texas Rules 191.1 and 204.2(b), parties may enter an agreement for, and establish the terms of, a physical or mental examination of a party or a person in a party's custody, conservatorship, or legal control.⁷³ Unless such an "agreement expressly provides otherwise[,]" the examination-report discovery permitted by Texas Rule 204.2(a) "applies to examinations made by agreement of the parties[.]"⁷⁴ In other words, to avoid the default Texas Rule 204.2(a) discovery, parties need to state expressly in their agreement relating to the examination that such discovery will not be permitted in the case.

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Notes:

^[73] See Tex. R. Civ. P. 191.1 ("Except where specifically prohibited, the procedures and limitations set forth in the rules pertaining to discovery may be modified in any suit by the agreement of the parties . . . . An agreement of the parties is enforceable if it complies with [Texas] Rule 11 or, as it affects an...