Rule 35. Physical and mental examination of persons. - North Carolina Statutes

Rule 35. Physical and mentalexamination of persons.

(a)        Order forexamination. – When the mental or physical condition (including the bloodgroup) of a party, or of an agent or a person in the custody or under the legalcontrol of a party, is in controversy, a judge of the court in which the actionis pending as defined by Rule 30(h) may order the party to submit to a physicalor mental examination by a physician or to produce for examination his agent orthe person in his custody or legal control. The order may be made only onmotion for good cause shown and upon notice to the person to be examined and toall parties and shall specify the time, place, manner, conditions, and scope ofthe examination and the person or persons by whom it is to be made.

(b)        Report of examiningphysician. –

(1)        If requested by theparty 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 a copy of adetailed written report of the examining physician setting out his findings,including results of all tests made, diagnoses and conclusions, together withlike reports of all  earlier examinations of the same condition. After suchrequest and delivery the party causing the examination shall be entitled uponrequest to receive from the party against whom the order is made a like reportof 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, theparty shows that he is unable to obtain it. The court on motion may make anorder 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 histestimony if offered at the trial.

(2)        By requesting andobtaining a report of the examination so ordered or by taking the deposition ofthe examiner, the party examined waives any privilege he may have in thataction or any other involving the same controversy, regarding the testimony ofevery other person who has examined or may thereafter examine him in respect ofthe same mental or physical condition.

(3)        This subsectionapplies to examinations made by agreement of the parties, unless the agreementexpressly provides otherwise. This subsection does not preclude discovery of areport of an examining physician or the taking of a deposition of the physicianin accordance with the provisions of any other rule. (1967,c. 954, s. 1; 1975, c. 762, s. 2.)