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KENTUCKY
RULES OF CIVIL PROCEDURE CR 35.01 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 physician, dentist or appropriate health care expert, or to produce for examination the person in his 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. [Amended by Order 91-2, eff. 11-15-91; prior amendment eff. 10-1-71; adopted eff. 7-1-53] CR 35.02 REPORT OF EXAMINING PHYSICIAN OR HEALTH CARE EXPERT (1) If requested by the party against whom an order is made under Rule 35.01 or the person examined, the party causing the examination to be made shall deliver to that person or party a copy of a detailed written report of the examining health care expert setting out all findings, including results of all tests made, diagnoses and conclusions, together with like reports of 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 an inability 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 or examining health care expert fails or refuses to make a report the court may exclude such testimony if offered at the trial. (2) This rule applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This rule does not preclude discovery of a report of an examining physician or health care expert or the taking of a deposition of the physician or health care expert in accordance with the provisions of any other rule. [Amended by Order 91-2, eff. 11-15-91; prior amendment eff. 10-1-71; adopted eff. 7-1-53]
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