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 subdi- vision does not preclude obtaining an examiner’s report or deposing an examiner under other rules. History: Added February 2, 2017, effective March 1, 2017. Source. — This rule is similar to Rule 35 of the Federal Rules of Civil Procedure. Abuse of discretion. — District court abused its discretion when it denied a psycho- logical evaluation of a mother and prohibited inquiry into her mental health during the sec- ond phase of trial, as the mother’s mental health was directly relevant to whether a change in visitation was in the children’s best interest; her motion for modification was based on her mental health improvement over the time since the parties’ divorce decree and re- lied, in large part, on a doctor’s testimony. Domenico v. Daniel, 2024 WY 2, 541 P.3d 420, 2024 Wyo. LEXIS 2 (Wyo. 2024).