Rule 35.Physical and Mental Examination of Persons

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceC.R.C.P. 35 lets a court order a party, or someone in that party's custody, to undergo a physical or mental examination when the person's condition is at issue in the case, but only on a motion showing good cause.

Full Text of Rule 35

Text sizeJump to: (a) (b)

(a) Order for Examination. 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 court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in his or her 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 and the person or persons by whom it is to be made.

(b) Report of Examiner.

(1) If requested by the party against whom an order is made under section (a) of this Rule or the person examined, the party causing the examination to be made shall deliver to said other party a copy of a detailed written report of the examiner setting out his or her findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that he or she is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if an examiner fails or refuses to make a report the court may exclude the examiner's testimony if offered at the trial.

(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the person examined waives any privilege he or she may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the person in respect of the same mental or physical condition.

(3) This section (b) applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This section (b) does not preclude discovery of a report of an examiner in accordance with the provisions of any other Rule.

End

Amendment History

Amended effective January 1, 1993.

Plain-English Summary

Unlike most discovery tools, a Rule 35 examination isn't something a party can demand on its own; a court has to order it. The rule applies when the physical or mental condition, including blood group, of a party or of someone in a party's custody or legal control, is in controversy in the case. The party seeking the exam has to move for it and show good cause, give notice to the person and every other party, and the resulting order must spell out the time, place, manner, conditions, and scope of the exam and who will conduct it.

Either side can ask for a copy of the examiner's detailed written report, covering findings, test results, diagnoses, and conclusions, along with reports from any earlier exams of the same condition. Once the examined party requests and receives that report, or takes the examiner's deposition, that party gives up any privilege covering testimony from every other person who has examined, or later examines, the same condition in that case or a related one.

A party who ignores an exam order faces the sanctions in Rule 37, including a default judgment or dismissal in serious cases. Rule 35 applies equally when the parties agree to an examination without a court order, unless their agreement says otherwise.

Frequently Asked Questions

Can the other side force me to get a medical exam?

Only if a court orders it. The requesting party must move for the exam, show good cause, and give notice, and the court's order must spell out the exam's time, place, scope, and examiner.

Do I get to see the results of an exam ordered against me?

Yes, if you request it. Once you receive that report, the party who obtained the exam can also request reports from any other examination of the same condition, and requesting the report waives privilege over related medical testimony.

What happens if I refuse to attend a court-ordered examination?

You can be sanctioned under Rule 37, which can include being barred from supporting your claims on that issue, having facts deemed established against you, or in serious cases, dismissal or default judgment.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 35). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

Also known as: IMEindependent medical examcompulsory physical exammental examination ordermedical exam in a lawsuitRule 35 exam