Rule 35. Physical and mental
examination of persons.
(a) Order for examination.
When the mental or physical condition or attribute of a party or of a person in
the custody or control of a party is in controversy, the court 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 control. The order may be made only on motion for good cause shown.
All papers related to the motion and notice of any hearing shall be served on a
nonparty to be examined. The order shall specify the time, place, manner,
conditions, and scope of the examination and the person by whom the examination
is to be made. The person being examined may record the examination by audio or
video means unless the party requesting the examination shows that the
recording would unduly interfere with the examination.
(b) Report. The party
requesting the examination shall disclose a detailed written report of the
examiner, setting out the examiner's findings, including results of all tests
made, diagnoses and conclusions. If the party requesting the examination wishes
to call the examiner as a witness, the party shall disclose the examiner as an
expert as required by Rule 26(a)(3).
(c) Sanctions. If a party or
a person in the custody or under the legal control of a party fails to obey an
order entered under paragraph (a), the court on motion may take any action
authorized by Rule 37(e), except that the failure cannot be treated as contempt
of court.