Rule 35 Physical and Mental Examinations

(a) Order for an Examination.

(1) In General. The court where the action is pending may order a party whose mental or physical condition, including blood group or DNA profile, is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.

(2) Motion and Notice; Contents of the Order. The order:

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and

(B) must specify the time, place, manner, conditions, and scope of the examination — including any testing or procedure to be permitted — as well as the person or persons who will perform it.

(C) may include provisions as needed to address:

• any persons — other than the examiner and examinee — who will be permitted to be present during the examination. Any such persons shall remain silent during the process.

• any form of recordation of the examination to be permitted; and

• any other matter necessary to assure that the examination will not be impeded, obstructed or disrupted.

(3) Agreement by the Parties. The parties — including any self-represented parties — may agree upon the conduct of a physical or mental examination without the necessity of obtaining an order of the court.

(b) Examiner's Report.

(1) Delivery to the Party or Person Examined. The party who requested the examination must deliver a copy of the examiner's report, together with like reports of all earlier examinations of the same condition, to the party against whom the examination order was issued and, if separate, to the person examined.

(2) Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions, and the results of any tests.

(3) Production of Reports by the Party Examined. After delivering the reports, the party who moved for the examination is entitled to receive from the party against whom the examination order was issued like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them.

(4) Waiver of Privilege. By obtaining the examiner's report, or by deposing the examiner, the party examined waives any privilege it may have, in that action or any other action involving the same controversy, concerning testimony about all examinations of the same condition.

(5) Failure to Deliver a Report. The court on motion may order on just terms that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner's testimony at trial.

(6) Scope. This subpart (b) applies also to an examination made by the parties' agreement, unless the agreement states otherwise. This subpart does not preclude obtaining an examiner's report or deposing an examiner under other rules.