Short answer. Yes to both. Section 3 entitles you, on request, to a detailed written report of the examining physician's findings and conclusions, but once you request and receive it, the party who ordered the examination becomes entitled, on request, to a similar report of any other examination — past or future — of the same condition.

What the law says

If requested by the party examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her findings and conclusions. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition.

Rule 28, Section 3 — Report of findings. Read the full provision →

The examined party's right to the report

Upon request, the party who caused the examination to be made must deliver a detailed written report setting out the examining physician's findings and conclusions to the party who was examined. This gives the examined party direct access to the physician's professional assessment rather than leaving them to guess at what the court-ordered examination actually found. This right belongs specifically to the party who was examined, not to the party who requested the examination in the first place.

The reciprocal obligation this triggers

Requesting and receiving that report obligates the examined party, on request, to hand over a like report from any other examination of the same mental or physical condition — whether it happened before the ordered examination or happens afterward. This reciprocity ensures that requesting the court-ordered report is not a one-way benefit; it comes bundled with a corresponding duty to share comparable findings from other examinations.

What happens if a report is withheld

If the examined party refuses to deliver a report owed under this reciprocity, the court may, on motion and notice, order delivery on such terms as are just. If a physician fails or refuses to prepare the report at all, the court may exclude that physician's testimony at trial. These enforcement mechanisms give real teeth to the reciprocity requirement, rather than leaving it as an unenforceable expectation between the parties.

Why the reciprocity exists

It prevents one side from cherry-picking a favorable medical report while withholding contrary opinions from other examinations of the very same condition. Without this rule, a party could request and rely on only the most favorable report while quietly sitting on less favorable findings from other doctors who examined the same condition at a different time. The rule instead treats access to medical findings from a court-ordered examination as a two-way street rather than a one-sided advantage for whichever party happens to request it first.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.