(dc) District court rule. Rule 35 does not apply in the district courts.
Ala. R. Civ. P. 35
Committee Comments on 1973 Adoption
Rule 35(a). The mental or physical condition of a party or a person in custody of a party can be made the basis of examination by a physician only upon a motion and good cause shown. Further, the physical or mental condition must be in controversy. The importance of these requirements was stressed in Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L.Ed.2d 152 (1964).
Rule 35(b) requires the party causing the examination to furnish the examined party with all earlier examinations to which he may have access, including test results. The examined party must then make similar disclosure in return. Upon motion, a party may be required to deliver a report and failure to furnish a report could result in exclusion of the physician's testimony.
Rule 35(b)(2) is not intended to create a physician-patient privilege in Alabama.
Rule 35(b)(3) makes clear that this rule applies to examinations by agreement and that other discovery devices may be used to obtain medical reports or testimony.
Committee Comments to October 1, 1995, Amendment to Rule 35
The amendment adopts modifications to F.R.Civ.P. 35 under which examinations may be conducted by suitably licensed specialists such as clinical psychologists, dentists, and occupational therapists. The former rule was limited to physicians.