Rule 35.Physical and Mental Examinations

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 35 allows the court, on motion and for good cause, to order a party — or a person in a party’s custody or control — whose physical or mental condition is in controversy to submit to an examination by a suitably licensed or certified examiner, and it governs the examiner’s report.

Full Text of Rule 35

Text sizeJump to: (a) (b)

(a) Order for an Examination.

(1) In General. The court where the action is pending may order a party whose mental or physical condition—including blood group—is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.

(2) Motion and Notice; Contents of the Order. The order:

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and

(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.

(b) Examiner's Report.

(1) Request by the Party or Person Examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner's report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.

(2) Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions, and the results of any tests.

(3) Request by the Moving Party. After delivering the reports, the party who moved for the examination may request— and is entitled to receive—from the party against whom the examination order was issued like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them.

(4) Waiver of Privilege. By requesting and obtaining the examiner's report, or by deposing the examiner, the party examined waives any privilege it may have—in that action or any other action involving the same controversy—concerning testimony about all examinations of the same condition.

(5) Failure to Deliver a Report. The court on motion may order—on just terms—that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner's testimony at trial.

(6) Scope. This subdivision (b) applies also to an examination made by the parties' agreement, unless the agreement states otherwise. This subdivision does not preclude obtaining an examiner's report or deposing an examiner under other rules.

End

Amendment History

(Amended March 30, 1970, effective July 1, 1970; March 2, 1987, effective August 1, 1987; amended by Pub.L. 100-690, Title VII, § 7047(b), November 18, 1988, 102 Stat. 4401; amended April 30, 1991, effective December 1, 1991; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

When a person’s physical or mental condition is squarely in dispute — for example, a plaintiff claiming a disabling injury — Rule 35 lets the other side test that claim. Unlike most discovery, it requires a court order: a party must move for the examination, give notice, and show good cause, and the condition must be in controversy.

The order names a suitably licensed or certified examiner and specifies the time, place, manner, conditions, and scope of the examination. The party who was examined may request a copy of the examiner’s written report; doing so, however, generally obligates that party to turn over reports of any other examinations of the same condition, and can waive certain protections as to that condition.

Frequently Asked Questions

When can a court order a physical or mental examination?

On a party’s motion, for good cause, when the person’s physical or mental condition is in controversy (Rule 35(a)).

Who performs a Rule 35 examination?

A suitably licensed or certified examiner named in the court’s order, which also sets the time, place, scope, and conditions of the exam.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 35), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 35Fed. R. Civ. P. 35physical or mental examinationindependent medical examinationRule 35 exam