{"id":4290,"date":"2017-08-09T18:15:31","date_gmt":"2017-08-09T18:15:31","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4290"},"modified":"2017-08-13T20:29:30","modified_gmt":"2017-08-13T20:29:30","slug":"rule-35-physical-and-mental-examinations","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4290","title":{"rendered":"Rule 35 \u2013 Physical and Mental Examinations"},"content":{"rendered":"

(a)\u00a0Order for an Examination<\/strong>.<\/p>\n

(1)\u00a0In General.<\/em>\u00a0The court where the action is pending may order a party whose mental or physical condition\u2014including blood group\u2014is 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.<\/p>\n

(2)\u00a0Motion and Notice; Contents of the Order.<\/em>\u00a0The order:<\/p>\n

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and<\/p>\n

(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.<\/p>\n

(b)\u00a0Examiner\u2019s Report<\/strong>.<\/p>\n

(1)\u00a0Request by the Party or Person Examined.<\/em>\u00a0The party who moved for the examination must, on request, deliver to the requester a copy of the examiner\u2019s 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.<\/p>\n

(2)\u00a0Contents.<\/em>\u00a0The examiner\u2019s report must be in writing and must set out in detail the examiner\u2019s findings, including diagnoses, conclusions, and the results of any tests.<\/p>\n

(3)\u00a0Request by the Moving Party.<\/em>\u00a0After delivering the reports, the party who moved for the examination may request\u2014and is entitled to receive\u2014from 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.<\/p>\n

(4)\u00a0Waiver of Privilege.<\/em>\u00a0By requesting and obtaining the examiner\u2019s report, or by deposing the examiner, the party examined waives any privilege it may have\u2014in that action or any other action involving the same controversy\u2014concerning testimony about all examinations of the same condition.<\/p>\n

(5)\u00a0Failure to Deliver a Report.<\/em>\u00a0The court on motion may order\u2014on just terms\u2014that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner\u2019s testimony at trial.<\/p>\n

(6)\u00a0Scope.<\/em>\u00a0This subdivision (b) applies also to an examination made by the parties\u2019 agreement, unless the agreement states otherwise. This subdivision does not preclude obtaining an examiner\u2019s report or deposing an examiner under other rules.<\/p>\n","protected":false},"excerpt":{"rendered":"

(a)\u00a0Order for an Examination. (1)\u00a0In General.\u00a0The court where the action is pending may order a party whose mental or physical condition\u2014including blood group\u2014is 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 … Continue reading Rule 35 \u2013 Physical and Mental Examinations<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4993,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4290","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4290","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4290"}],"version-history":[{"count":1,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4290\/revisions"}],"predecessor-version":[{"id":4291,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4290\/revisions\/4291"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4993"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4290"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}