Mont. R. Civ. P. 35

(a) Order for 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, by

deposing the examiner, or by commencing an action or presenting a defense which

puts a party’s condition at issue, the party examined waives any privilege it may have

-- in that action or any other action involving the same controversy -- concerning

testimony about all treatments, prescriptions, consultations, or examinations for the

same condition.

The waiver of any privilege does not apply to any treatment, consultation,

prescription, or examination for any condition not related to the pending action. On

a timely motion for good cause and on notice to all parties and the person to be

examined, the court in which the action is pending may issue an order to prohibit the

introduction of evidence of any such portion of any person’s medical record not

related to the pending action.

(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.