Fed. R. Civ. P. 35

(a) ORDER FOR AN 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

59 Rule 36 FEDERAL RULES OF CIVIL PROCEDURE

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, or by deposing the examiner, the party examined

waives any privilege it may have—in that action or any other

action involving the same controversy—concerning testimony

about all examinations of the same condition.

(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.

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug.

1, 1987; Pub. L. 100–690, title VII, § 7047(b), Nov. 18, 1988, 102 Stat.

4401; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)