Del. Super. Ct. Civ. 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 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 Super. Ct. Civ. R. 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.