TITLE FIVE — DEPOSITION AND DISCOVERY
Rule 26.2. Physical and Mental Examinations
Order for an Examination.
In General. The court in which the action is pending may order a party whose mental or physical condition is in controversy to submit to a physical or mental examination by a suitably qualified examiner. The court has the same authority to order a party to produce for examination a person who is in that party’s custody or under that party’s legal control. A condition is in controversy where a party has placed it in issue by a pleading, by a claim for damages for personal injury, or by an affirmative defense.
Qualification of the Examiner. An examiner shall be a person licensed or certified for the examination in question under the law of this State or, where no licensure or certification is prescribed by law, a person whom the court finds qualified by knowledge, skill, experience, training, or education within the meaning of Rid. R. Evid. 702.
Motion and Notice; Contents of the Order. An order under this rule may be made only on motion for good cause and on notice to every party and to the person to be examined. The order shall specify the time in Coordinated Universal Time; the place, channel, or in-game location; the manner, conditions, and scope of the examination; and the username of each person who will perform it. The court may limit the persons who may be present and may require that the examination be recorded.
Examiner’s Report.
Request by the Party or Person Examined. The party who moved for the examination shall, on request, deliver to the requesting person, within twenty-four (24) hours after the request or after the report becomes available, whichever is later, a copy of the examiner’s report together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.
Contents. The examiner’s report shall be in writing and shall set out in detail the examiner’s findings, including diagnoses, conclusions, and the results of any tests.
Request by the Moving Party. After delivering the reports, the party who moved for the examination may request, and is entitled to receive, from the party against whom the order was issued like reports of all earlier or later examinations of the same condition. Those reports need not be delivered by a party with custody or control of the person examined if that party shows that it could not obtain them.
Waiver of Privilege. By requesting and obtaining the examiner’s report, or by deposing the examiner, the party examined waives any privilege it may have, in that action or any other action involving the same controversy, concerning testimony about all examinations of the same condition.
Failure to Deliver a Report. The court on motion may order, on just terms, that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner’s testimony at trial.
Examination by Agreement. Rule 26.2(2) applies also to an examination made by the parties’ agreement, unless the agreement states otherwise. This rule does not preclude obtaining an examiner’s report or deposing an examiner under any other rule.
Limits.
Scope. No order under this rule shall require a party to disclose material bearing upon a condition not in controversy.
Enforcement. An order under this rule is enforced as Rule 26.3(3) provides, except that a failure to submit to a physical or mental examination shall not be treated as contempt of court.