Idaho Rules of Civil Procedure Rule 35(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 stipulaton 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 legalcontrol of the person being examined, shall have the right to have a representativeof his or her choice present.
(Amended March 31, 1998, effective July 1, 1998; amended March 17, 2006, effective July 1, 2006; amended April 4, 2008, effective July 1, 2008)
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