RULE 35
         PHYSICAL AND MENTAL EXAMINATION OF PERSONS


     (a) Examination.

     (1) 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 examination by a
physician, or mental examination by a physician or
psychologist 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 and the person or persons by whom it is to be
made.

     (2) Representative at Examination. The party being
examined may have a representative present at the
examination, who may observe but not interfere with or
obstruct the examination.

     (3) Recording of Examination. Unless otherwise ordered
by the court, the party being examined or that party's
representative may make an audiotape recording of the
examination which shall be made in an unobtrusive manner. A
videotape recording of the examination may be made on
agreement of the parties or by order of the court.

     (b) Report of Examining Physician or Psychologist. The
party causing the examination to be made shall deliver to
the party or person examined a copy of a detailed written
report of the examining physician or psychologist setting
out the examiner's findings, including results of all tests
made, diagnosis and conclusions, together with like reports
of all earlier examinations of the same condition,
regardless of whether the examining physician or
psychologist will be called to testify at trial. The report
shall be delivered within 45 days of the examination and in
no event less than 30 days prior to trial. These deadlines
may be altered by agreement of the parties or by order of
the court. If a physician or psychologist fails or refuses
to make a report in compliance herewith the court shall
exclude the examiner's testimony if offered at the trial,
unless good cause for noncompliance is shown.

     (c) Examination by Agreement. Subsections (a) (2) and
(3) and (b) apply to examinations made by agreement of the
parties, unless the agreement expressly provides otherwise.