Version of Fed. R. Civ. P. 35 and 37 at the time of the Sibbach case
(edited)
Rule 35. Physical and Mental
Examinations of Persons
(a) Order for an Examination. In an action in which the mental or
physical condition of a party is in controversy, the court in which the
action is pending may order him to
submit to a physical or mental examination by a physician. The order
may be made only on motion for good cause shown and upon notice to the
party to be examined and to all other 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.
...
Rule 37. Refusal To Make Discovery:
Consequences
...
(b) Failure to Comply With Order.
(1) Contempt. If a party or other witness refuses to be sworn or
refuses to answer any question after being directed to do so by the
court in the district in which the deposition is being taken, the
refusal may be considered a contempt of that court.
(2) Other Consequences. If any party...refuses to obey...an order made
under Rule 35 requiring him to submit to a physical or mental
examination, the court may make such orders in regard to the refusal as
are just, and among others the following:
(i) An order that...the physical or mental condition of the
party...shall be taken to be established for the purposes of the action
in accordance with the claim of the party obtaining the order;
(ii) An order...prohibiting (the disobedient party)...from introducing
evidence of physical or mental condition;
(iii) An order striking out pleadings or parts thereof, or staying
further proceedings until the order is obeyed, or dismissing the action
or proceeding or any part thereof, or rendering a judgment by default
against the disobedient party;
(iv) In lieu of any of the foregoing orders or in addition thereto, an
order directing the arrest of any party or agent of a party for
disobeying any of such orders except an order to submit to a physical
or mental examination.