(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 — 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, as
well as the person or persons who will
perform it.
(b)
Examiner’s 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
examiner'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 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 request — and 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 requesting and
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 subdivision (b) applies also to an
examination made by the parties' agreement,
unless the agreement states otherwise. This
subdivision does not preclude obtaining an
examiner's report or deposing an examiner
under other rules.