Rule 35.Physical and mental examinations

Rule 35 comes into play when someone's physical or mental condition, including blood group, is in dispute in the case — a personal injury claim is the usual setting, but any case putting a party's condition at issue qualifies. The court can order that party, or a person in that party's custody or legal control, to submit to an exam by a suitably certified examiner, licensed physician, or qualified mental health professional under Idaho Code section 6-1901 — nurses don't qualify. Getting the order takes a motion showing good cause, with notice to everyone involved including the person to be examined, and the order itself has to spell out the time, place, manner, conditions, and scope of the exam, along with who will perform it. The person being examined, or whoever has custody or legal control over them, can bring a representative of their choosing, as long as they give reasonable notice of that intention.

Once the exam happens, the examined side can request a copy of the examiner's detailed written report — findings, diagnoses, conclusions, test results — and is entitled to like reports from any earlier exams of the same condition. After receiving that report, the party who asked for the exam can turn around and request the same kind of material from the other side: other writings or recordings, original test forms, and reports of earlier or later exams of the same condition, unless that side shows it couldn't obtain them. Requesting or obtaining the report, or deposing the examiner, waives any privilege over testimony about all examinations of that condition, in this case and any other case about the same controversy. If a report doesn't get delivered as required, the court can order it produced on just terms, or bar the examiner from testifying at trial. And none of this depends on a court order in the first place — the same report-exchange and privilege-waiver rules apply to an examination the parties agreed to, unless their agreement says otherwise.