Ind. Trial Rule 35

Effective April 1, 2022

(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 suit-

ably licensed or certified examiner or to produce for examination the person in his 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 licensed or certified 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 him a copy of a

detailed written report of the examiner setting out his 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 he 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

his 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 he 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 him 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.