Rule 2.314. Discovery of Medical Information Concerning Party

(A) Scope of Rule.

(1) When a mental or physical condition of a party is in controversy, medical

information about the condition is subject to discovery under these rules to the

extent that

(a) the information is otherwise discoverable under MCR 2.302(B), and

(b) the party does not assert that the information is subject to a valid privilege.

(2) Medical information subject to discovery includes, but is not limited to, medical

records in the possession or control of a physician, hospital, or other custodian, and

medical knowledge discoverable by deposition or interrogatories.

(3) For purposes of this rule, medical information about a mental or physical condition

of a party is within the control of the party, even if the information is not in the

party's immediate physical possession.

(B) Privilege; Assertion; Waiver; Effects.

(1) A party who has a valid privilege may assert the privilege and prevent discovery of

medical information relating to his or her mental or physical condition. The

privilege must be asserted in the party's disclosure under 2.302(A), in written

response to a request for production of documents under MCR 2.310, in answers to

interrogatories under MCR 2.309(B), before or during the taking of a deposition, or

by moving for a protective order under MCR 2.302(C). A privilege not timely

asserted is waived in that action, but is not waived for the purposes of any other

action.

(2) Unless the court orders otherwise, if a party asserts that the medical information is

subject to a privilege and the assertion has the effect of preventing discovery of

medical information that must be disclosed or is otherwise discoverable under MCR

2.302(B), the party may not thereafter present or introduce any physical,

documentary, or testimonial evidence relating to the party's medical history or

mental or physical condition.

(C) Response by Party to Request for Medical Information.

(1) A party who is served with a request for production of medical information under

MCR 2.310 must either:

sclosed or is otherwise discoverable under MCR

2.302(B), the party may not thereafter present or introduce any physical,

documentary, or testimonial evidence relating to the party's medical history or

mental or physical condition.

(C) Response by Party to Request for Medical Information.

(1) A party who is served with a request for production of medical information under

MCR 2.310 must either:

(a) make the information available for inspection and copying as requested;

(b) assert that the information is privileged;

(c) object to the request as permitted by MCR 2.310(C)(2); or

(d) furnish the requesting party with signed authorizations in the form approved by

the state court administrator sufficient in number to enable the requesting party

to obtain the information requested from persons, institutions, hospitals, and

other custodians in actual possession of the information requested.

Chapter 2. Civil Procedure

(2) A party responding to a request for medical information as permitted by subrule

(C)(1)(d) must also inform the adverse party of the physical location of the

information requested.

(D) Release of Medical Information by Custodian.

(1) A physician, hospital, or other custodian of medical information (referred to in this

rule as the “custodian”) shall comply with a properly authorized request for the

medical information within 28 days after the receipt of the request, or, if at the time

the request is made the patient is hospitalized for the mental or physical condition

for which the medical information is sought, within 28 days after the patient's

discharge or release. The court may extend or shorten these time limits for good

cause.

(2) In responding to a request for medical information under this rule, the custodian will

be deemed to have complied with the request if the custodian

(a) makes the information reasonably available for inspection and copying; or

for which the medical information is sought, within 28 days after the patient's

discharge or release. The court may extend or shorten these time limits for good

cause.

(2) In responding to a request for medical information under this rule, the custodian will

be deemed to have complied with the request if the custodian

(a) makes the information reasonably available for inspection and copying; or

(b) delivers to the requesting party the original information or a true and exact copy

of the original information accompanied by a sworn certificate in the form

approved by the state court administrator, signed by the custodian verifying that

the copy is a true and complete reproduction of the original information.

(3) If it is essential that an original document be examined when the authenticity of the

document, questions of interpretation of handwriting, or similar questions arise, the

custodian must permit reasonable inspection of the original document by the

requesting party and by experts retained to examine the information.

(4) If x-rays or other records incapable of reproduction are requested, the custodian may

inform the requesting party that these records exist, but have not been delivered

pursuant to subrule (D)(2). Delivery of the records may be conditioned on the

requesting party or the party's agent signing a receipt that includes a promise that the

records will be returned to the custodian after a reasonable time for inspection

purposes has elapsed.

(5) In complying with subrule (D)(2), the custodian is entitled to receive reasonable

reimbursement in advance for expenses of compliance.

subrule (D)(2). Delivery of the records may be conditioned on the

requesting party or the party's agent signing a receipt that includes a promise that the

records will be returned to the custodian after a reasonable time for inspection

purposes has elapsed.

(5) In complying with subrule (D)(2), the custodian is entitled to receive reasonable

reimbursement in advance for expenses of compliance.

(6) If a custodian does not respond within the time permitted by subrule (D)(1) to a

party's authorized request for medical information, a subpoena may be issued under

MCR 2.305(A)(1), directing that the custodian present the information for

examination and copying at the time and place stated in the subpoena.

(E) Persons Not Parties. Medical information concerning persons not parties to the action is

not discoverable under this rule.