28 USC Appendix 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 conditionincluding blood groupis 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, as well as the person or persons who will perform it.
(b) Examiners Report.
(1) Request by the Party or Person Examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiners 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 examiners report must be in writing and must set out in detail the examiners findings, including diagnoses, conclusions, and the results of any tests.
(3) Request by the Moving Party. After delivering the reports, the party who moved for the examination may requestand is entitled to receivefrom 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 requesting and obtaining the examiners report, or by deposing the examiner, the party examined waives any privilege it may havein that action or any other action involving the same controversyconcerning testimony about all examinations of the same condition.
(5) Failure to Deliver a Report. The court on motion may orderon just termsthat a party deliver the report of an examination. If the report is not provided, the court may exclude the examiners testimony at trial.
(6) Scope. This subdivision (b) applies also to an examination made by the parties agreement, unless the agreement states otherwise. This subdivision does not preclude obtaining an examiners report or deposing an examiner under other rules.