(a) Order for Examination. When the mental or physical condition (including the blood group) of a party or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in the party’s custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
(b) Report of Examiner.
(1) If requested by the party against whom an order is made under Rule 35(a) or the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of the detailed written report of the examiner setting out the examiner’s findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that the party is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if an examiner fails or refuses to make a report the court may exclude the examiner’s testimony if offered at trial.
(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege the party may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party in respect of the same mental or physical condition.
(3) This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of any other rule.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Nov. 18, 1988; Apr. 30, 1991, eff. Dec. 1, 1991.)
added in current removed in current
Compared to current version (2025).
(a) Order for an Examination. When the mental or physical condition (including the blood group) of a party or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the part
(1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner or. The court has the same authority to order a party to produce for examination thea person in the party’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 shown and upon notice to all parties and the person to be examined; and to all parties and shall
(B) must specify the time, place, manner, conditions, and scope of the examination, ands well as the person or persons by whom it is to be made.
(b) Report of Examinerwho will perform it.
(b) Examiner ’ s Report.
(1) If rRequested by the pParty against whom an order is made under Rule 35(a)or Person Examined. The party who moved for the examination must, on request, deliver to the requester a copy orf the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of the detailed written report of the examiner setting outexaminer’s report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.
(2) Contents. The examiner’s report must be in writing and must set out in detail the examiner’s findings, including results of all tests made, diagnoses and, conclusions, together with likand the reporsults of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon requestny tests.
(3) Request by the Moving Party. After delivering the reports, the party who moved for the examination may request-and is entitled to receive -from the party against whom the order is made aexamination order was issued like reports of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that the party is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if an examiner fails or refuses to make a report the court may exclude the examiner’s testimony if offered at trial.
(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition ofll 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 requesting and obtaining the examiner’s report, or by deposing the examiner, the party examined waives any privilege ithe party may have -in that action or any other action involving the same controversy, regarding the tes-concerning testimony about all examinations of the same conditimony of every other person who has examined or may.
(5) Failure to Deliver a Report. The court on motion may order-on just terms-that a party deliver the reafter examineport of an examination. If the pareporty in respect of the same mental or physical condition.
(3)s not provided, the court may exclude the examiner’s testimony at trial.
(6) Scope. This subdivision (b) applies also to an examinations made by agreement of the parties’ agreement, unless the agreement expressly providstates otherwise. This subdivision does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of anyobtaining an examiner’s report or deposing an examiner under other rule.
s. (As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Nov. 18, 1988; Apr. 30, 1991, eff. Dec. 1, 1991Pub. L. 100-690, title VII, § 7047(b), Nov. 18, 1988, 102 Stat. 4401; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)