Va. Sup. Ct. R. 4:10

(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, upon motion of an adverse

party, may order the party to submit to a physical or mental examination by one or more

health care providers, as defined in § 8.01-581.1, employed by the moving party 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, must specify the time, place, manner, conditions, and scope

of the examination and the person or persons by whom it is to be made, and must fix the

time for filing the report and furnishing the copies.

(b) Out-of-State Examiners. — Examiners named in such an order must be licensed

to practice in, and must be residents of or have an office in, this Commonwealth.

However, notwithstanding the reference to licensure by this Commonwealth in the

definition of health care providers in

§ 8.01-581.1, the court may, in the exercise of its sound discretion and upon determining

that the ends of justice will be served, order an examination by one who is not licensed to

practice in, is not a resident of, and does not have an office in, this Commonwealth but

who is duly licensed in his or her jurisdiction.

(c) Report of Examiner. —

(1) A written report of the examination must be made by the examiner to the court

and filed with the clerk thereof before the trial and a copy furnished to each party. The

report must be detailed, setting out the findings of the examiner, including results of all

tests made, diagnosis and conclusions, together with like reports of all earlier

examinations of the same condition. In an Electronically Filed Case, the report of

examination must be filed in electronic or digital image form as provided in Rule 1:17.

(2) The written report of the examination so filed with the clerk may be read into

evidence if offered by the party who submitted to the examination. A party examined

who takes the deposition of any examiner who has conducted an examination ordered

pursuant to this Rule, waives any privilege that might have been asserted in that action or

in 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 examination made by agreement of the parties,

unless the agreement expressly provides otherwise. This subdivision does not preclude

discovery of a report of a health care examiner or the taking of a deposition of such

examiner in accordance with the provisions of any other Rule.