(a) Order for Examination. In an action in which the mental or physical condition or the blood relationship of a party, or of an agent or a person in the custody or under the legal control of a party, is in controversy, the court may order the party to submit to a physical or mental or blood examination by a physician or to produce for such examination the party’s agent or the person in the party’s custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. (b) Report of Findings. If requested by the party against whom an order is made under Rule 35(a) or the person examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out the physician’s findings and conclusions, together with like reports of all earlier examinations of the same condition. After such request and delivery the party causing the examination to be made shall be entitled upon request to receive from the party or person examined a like report of any examination, previously or thereafter made, of the same condition. If the party or person examined refuses to deliver such report the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may exclude that expert’s testimony if offered at the trial. (c) Statutory Appointment of Expert Witnesses. The provisions of this rule are in addition to existing statutes authorizing the appointment of expert witnesses. A motion for an order for a mental or physical examination shall specify whether it is made pursuant to subdivision (a) of this rule or to a statutory provision relating to expert witnesses. Upon a motion made pursuant to subdivision (a) of this rule, the court in its discretion may appoint an expert witness in accordance with applicable statutory provisions.
