(a) Order for examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in the party’s custody or legal control. The order may be made upon the agreement of the parties on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the scope of the examination and the person or persons by whom it is to be made. (b) Report of examiner. (1) All parties shall receive a copy of the written report of the examiner setting out the examiner’s findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition unless the court orders otherwise upon a showing of good cause by the party requesting that the report be withheld. All parties shall also be entitled upon request to receive from a like report of any examination of the same party or person, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that the party is unable to obtain it. The court on motion may make an order requiring delivery of a report on such terms as are just, and if an examiner fails or refuses to make a report, the court may exclude the examiner’s testimony if offered at trial.(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege the party may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party with respect to the same mental or physical condition. (3) This subdivision does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of any other rule.
Haw. Fam. Ct. R. 35
Amended October 11, 1999, effective January 1, 2000; further amended March 29, 2006, effective July 1, 2006; further amended November 20, 2014, effective January 1, 2015.
