How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110573
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

What are the procedures to exhume a body when new evidence

This answer was rated:

What are the procedures to exhume a body when new evidence suspects poison?
There are two procedures that can be used or this. First, the heirs of the deceased can give written consent to the police and/or medical examiner's office to exhume the body. Second, if the heirs (executor/administrator) will not give such permission, then the police would have to get a warrant from the court to dig up the body or the family, if the police are not involved would have to file a civil suit to have the body dug up and sent to their private medical examiner.

The police would need probable cause, which is something more than a hunch, to show that there is a likelihood a crime was committed. Same with anyone who has to sue to get the court order as they would need some type of proof there was a poisoning in order for the court to order this.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at or beginning your question with “For PaulMJD…”
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Did you receive my reply? I don't see it here so I'm not sure if it came through. Please let me know so I can post again, if necessary.

Sorry, I did not see any reply. Can you please post it again using reply to expert?
Customer: replied 3 years ago.

I guess my original reply was lost due to my inexperience with this site. Here goes -- first, I should tell you that I'm an Amazon best selling myster writer, so I'm researching for Bitter Chocolate, the second book in the Hot Chocolate series.


The situation is as follows... 32 years ago an elderly woman was suffering greatly from Addisonian crisis. Severe abdominal pain, low blood pressure and other symptons that eventually lead to coma and death.


Fast forward to today when a detective discovers evidence that shows the daughter administered poison to end her mother's suffering. That is probably cause to have the body exhumed, isn't it?


In this case, does the detective go before a judge, stte the facts to get permission to exhume the body? What does the judge issue? Do family members have to give permission?


Thanks so much for all your help. I appreciate it -- I try to make everything realistic backed by facts, so you're helping me greatly.

It depends on what that evidence was, but when you say evidence, if he has some physical proof, then that is sufficient for them to go to court to exhume (providing the daughter who committed this act is still alive).
Customer: replied 3 years ago.

Hello Paul,


Yes, there is physical proof, and yes, the daughter is alive.


What does the court issue to move forward to exhume the body? What is that piece of paper called? I don't know the terminology and want to get it correct.


Also, can I mention you in my Thank You section of the book as my subject matter expert (SME)?


I will respect your privacy if you do not, but if you do, I will mention the site and your name.




Dawn Ireland



The court issues a "warrant" or "order to the police or person seeking to exhume the body. We prefer to not be named as individual experts in print, thank you for asking.
Customer: replied 3 years ago.

Thank you so much for your help. I appreciate you. When Bitter Chocolate hits the streets, I'll let you know.

Thank you.