Del. Ch. Ct. R. 35

(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 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 requestor a copy of a 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 such 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 of refuses to

make a report the Court may exclude the examiner’s

testimony if offered at the 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 paragraph applies to examinations made by

agreement of the parties, unless the agreement

expressly provides otherwise. This paragraph 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.