Physical and Mental Examinations

(a) Order for an Examination. (1) In General. The court 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 to be parties and examined; and the person (B) must specify the time, place, manner, the conditions, and examination, as well as the person or persons who will perform it. scope of (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 55 RCFC 35 report, together with like reports of all earlier examinations of same condition. The request may be made by the party against whom the examination order was issued or by the person examined. the (2) Contents. The examiner’s report must be in writing and must set out in detail the including findings, examiner’s diagnoses, conclusions, and the results of any tests. for the later examinations of (3) Request by the Moving Party. After delivering the reports, the party who moved examination may request—and is entitled to receive—from the party against whom the examination order was issued like reports of all earlier or 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 the party the examiner, deposing examined waives any privilege it may have—in that action or any other action controversy— same involving all about testimony concerning examinations of the same condition. (5) Failure to Deliver a Report. The court on motion may order—on just terms—that a an the party deliver examination. If the report is not provided, the court may exclude the examiner’s testimony at trial. report of the (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 revised and reissued May 1, 2002; as amended Nov. 3, 2008.) RCFC 36 56 Rules Committee Notes 2002 Revision RCFC 35 is identical to FRCP 35, except for the omission of the words “in which the action is pending” in subdivision (a). 2008 Amendment The language of RCFC 35 has been amended to conform to the general restyling of the FRCP.