WRIT GRANTED
La. C.C.P. art. 1464 gives the trial court great discretion regarding independent medical examinations (IME), including subjecting the examination to reasonable restrictions or conditions if special circumstances are shown. While some trial courts have previously allowed plaintiffs to have a third party present during an IME under certain conditions, nowhere in the plain language of the statute does it expressly provide for the right of an adult party to have someone present to record the exam. With regard to the specific question of whether a plaintiff has a right to have legal representatives present during an IME, courts have consistently held that such an accommodation is not proper unless the plaintiff has demonstrated special circumstances to justify the request. See, Henry v. Barlow, 06-283 (La. App. 3 Cir. 8/9/06), 937 So.2d 895, writ denied, 06-2592 (La. 1/12/07), 948 So.2d 153; Simon v. Castille, 174 So.2d 660 (La. Ct. App. 1965), app. den., 247 La. 1088, 176 So. 2d 145 (1965), cert. den. 382 U.S. 932, 86 S.Ct. 325, 15 L.Ed.2d 344 (1965).
In reviewing the application before us, we do not find that the plaintiff has made a required showing to warrant an imposed condition that he can or should be accompanied by anyone he so chooses, legal representative or otherwise, for the purpose of recording the IME. Therefore, we hold that the trial court abused its discretion in that regard. Accordingly, we grant the relators’ writ and strike that portion of the trial courts March 9, 2021 Order that would allow the plaintiff to have a party present to record his forthcoming IME with Dr. Everett Robert, Jr.
Gretna, Louisiana, this 11th day of May, 2021.