§ Rule 35 Physical and mental examinations

Codes > Idaho Code > Idaho Court > Idaho Rules > Rule 35

Rule 35. Physical and mental examinations

    (a) Physical and mental examination of persons. 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 parties by stipulation or the court in which the action is pending may order the party to submit to a physical or mental examination by a physician, or a qualified mental health professional as defined in section 6-1901, Idaho Code, excluding nurses, if the mental, emotional, or psychological condition of a party is at issue, or to produce for examination 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, including any tests or procedures to be performed, and the person or persons by whom it is to be performed. Upon giving of reasonable notice to the other parties, the party being examined or the person having custody or legal control of the person being examined, shall have the right to have a representative of his or her choice present.

    (b) Report of Examining Physician.

        (1) 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 the requesting party a copy of a detailed written report of the examining physician setting  out the examiner's findings, including results of all tests made, diagnoses and conclusions, and provide access to all other writings or recordings created by the examiner or the party including the originals of forms and test score sheets, together with like reportsof all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, 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 against a party requiring delivery of a report on such terms as are just, and if a physician
fails or refuses to make a report the court may exclude the examiner's testimony if offered at the 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 in respect of the same mental or physical condition.

        (3) This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.