North Dakota § 54-23.4-08 Evidence of physical condition

North Dakota Statutes

§ 54-23.4-08 — Evidence of physical condition

North Dakota § 54-23.4-08

Title 54State Government

Ch. 54-23.4Crime Victims Compensation

This text of North Dakota § 54-23.4-08 (Evidence of physical condition) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 54-23.4-08 (2026).

Text

1.There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental, or emotional condition of the victim in a proceeding under this chapter in which that condition is an element.

2.If the mental, physical, or emotional condition of a claimant is material to a claim, the division may order the claimant to submit to a mental or physical examination by a doctor or psychologist, and may order an autopsy of a deceased victim. The order may be made for good cause shown upon notice to the person to be examined and to all persons who have appeared. The order must specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made, and must r

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1. There is no privilege, except privileges arising from the attorney-client relationship, as
to communications or records relevant to an issue of the physical, mental, or emotional
condition of the victim in a proceeding under this chapter in which that condition is an
element.
2. If the mental, physical, or emotional condition of a claimant is material to a claim, the
division may order the claimant to submit to a mental or physical examination by a
doctor or psychologist, and may order an autopsy of a deceased victim. The order may
be made for good cause shown upon notice to the person to be examined and to all
persons who have appeared. The order must specify the time, place, manner,
conditions, and scope of the examination or autopsy and the person by whom it is to
be made, and must require the person who performs the examination to file with the
division a detailed written report of the examination or autopsy. The report must set out
the examining person's findings, including results of all tests made, diagnoses,
prognoses, and other conclusions and reports of earlier examinations of the same
conditions.
3. On request of the person examined, the division shall furnish that person with a copy
of the examination report. If a deceased victim is autopsied, the division, on request,
shall furnish the claimant a copy of the autopsy report.
4. The division may require the claimant to supplement the application with any
reasonably available medical or psychological reports relating to the injury for which
compensation is claimed.