K.S.A. 60-235.Physical and mental examinations

Unlike most discovery devices, a physical or mental examination under K.S.A. 60-235 always requires a court order -- it can't be triggered by a party's request alone. The court where the action is pending can order a party whose mental or physical condition, including blood group, is in controversy to submit to an examination by a suitably licensed or certified examiner, and the same authority extends to ordering a party to produce for examination someone in its custody or under its legal control. But the order can only issue on motion for good cause, with notice to all parties and to the person who will be examined, and it must spell out the time, place, manner, conditions, and scope of the examination along with who will perform it. The moving party also has to advance the expenses the examined party or person will necessarily incur.

Once the examination happens, the party who moved for it must, on request, deliver a copy of the examiner's written report -- including findings, diagnoses, conclusions, and test results -- along with reports from any earlier examinations of the same condition. Either the party against whom the order issued or the person examined can make that request. The same reporting requirement applies to an examination the parties agreed to without a court order, unless their agreement says otherwise, and it doesn't stop a party from getting an examiner's report or deposing the examiner under other applicable law.

Subsection (c) works the other direction: any party can request, and is entitled to receive, reports of all earlier or later examinations of the same condition from another party, though the party with custody of the examined person doesn't have to produce reports it shows it couldn't obtain. If a report doesn't get delivered as required, subsection (d) lets the court order delivery on just terms, and if that still doesn't happen, the court can exclude the examiner's testimony at trial.