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Rule 35. Physical and mentalexamination of persons.

(a)Order for examination. When the mental or physical condition orattribute of a party or of a person in the custody or control of a party is incontroversy, the court may order the party to submit to a physical or mentalexamination by a suitably licensed or certified examiner or to produce forexamination the person in the party?s custody or control. The order may be madeonly on motion for good cause shown. All papers related to the motion andnotice of any hearing must be served on a nonparty to be examined. The order mustspecify the time, place, manner, conditions, and scope of the examination andthe person by whom the examination is to be made. The person being examined mayrecord the examination by audio or video means unless the party requesting theexamination shows that the recording would unduly interfere with theexamination.

(b)Report. The party requesting the examination must disclosea detailed written report of the examiner within the shorter of 60 days afterthe examination or 7 days prior to the close of fact discovery, setting out theexaminer?s findings, including results of all tests performed, diagnoses, and othermatters that would routinely be included in an examination record generated bya medical professional. If the party requesting the examination wishes to callthe examiner as an expert witness, the party must disclose the examiner as anexpert in the time and manner as required by Rule 26(a)(4), but need not provide a separate Rule26(a)(4) report if the report under this rule contains all the informationrequired by Rule 26(a)(4).

(c)Sanctions. If a party or a person in the custody orunder the legal control of a party fails to obey an order entered underparagraph (a), the court on motion may take any action authorized by Rule 37(b), except that the failure cannot be treated as contempt of court.

Advisory Committee Notes

 

EffectiveMay 1, 2017