§ 9-11-35.Physical and mental examination of persons

An examination order is available only on motion, for good cause, with notice to the person being examined and to every party. The order itself has to spell out the time, place, manner, conditions, and scope of the examination and name who will conduct it. It reaches a party’s own condition — including blood group — or the condition of someone in that party’s custody or legal control, such as a minor child.

Once an exam happens, reporting rights follow. The party against whom the order was entered, or the person examined, can request a detailed written report covering findings, test results, diagnoses, and conclusions, along with reports of any earlier examinations of the same condition. Any party can request a report of past or future examinations of the condition at issue from whoever controls the examined person, subject to a narrow excuse where that party cannot obtain a nonparty’s report. A court can order production of a report on motion, and can exclude a noncompliant physician’s or psychologist’s testimony at trial if the report is never produced.

Requesting and obtaining the report, or deposing the examiner, comes at a cost: it waives the examined party’s privilege over testimony from every other person who has examined, or later examines, the same condition — in that case or any other action involving the same controversy. These rules extend to examinations the parties arrange by their own agreement, unless the agreement says otherwise, and they don’t shut off other routes to the same information, such as deposing the examiner directly under other provisions of the chapter.