M.R. Civ. P. 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 licensed physician or a mental examination by a licensed psychologist, 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 Examining Physician or Psychologist.

(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 person against whom the order is made

shows that it is unobtainable. 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 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 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 the deposition of the examiner in accordance with the provision of any other

rule.