Rule 2.311.Physical and Mental Examination of Persons

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.311 lets a court order a party -- or someone in that party's custody or control -- to undergo a physical, mental, or blood examination when that condition is truly disputed in the case, and spells out the good-cause showing required, how the examiner's report gets shared, and how requesting and obtaining that report waives the examined person's related privilege.

Full Text of Rule 2.311

Text sizeJump to: (A) (B) (C)

(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 or blood examination by a physician (or other appropriate professional) or to produce for examination the person in the party’s custody or legal control. The order may be entered only on motion for good cause with notice to the person to be examined and to all parties. The order must specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. Upon request of a party, the order may also provide that

(1) the attorney for the person to be examined may be present at the examination, or

(2) a mental examination be recorded by video or audio.

(B) If the court orders that a mental examination be recorded, the recording must

(1) be unobtrusive,

(2) capture the examinee's and the examiner's conduct throughout the examination, and

(3) be filed under seal.

(1) If requested by the party against whom an order is entered under subrule (A) or by the person examined, the party causing the examination to be made must deliver to the requesting person a copy of a detailed written report of the examining physician setting out the findings, including results of all tests made, diagnosis, and conclusions, together with like reports on all earlier examinations of the same condition, and must make available for inspection and examination x-rays, cardiograms, and other diagnostic aids.

(2) After delivery of the report, the party causing the examination to be made is entitled on request to receive from the party against whom the order is made a similar report of any examination previously or thereafter made of the same condition, and to a similar inspection of all diagnostic aids unless, in the case of a report on the examination of a nonparty, the party shows that he or she is unable to obtain it.

(3) If either party or a person examined refuses to deliver a report, the court on motion and notice may enter an order requiring delivery on terms as are just, and if a physician refuses or fails to comply with this rule, the court may order the physician to appear for a discovery deposition.

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

(5) Subrule (B) applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise.

(6) Subrule (B) does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician under any other rule.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

When a party's physical or mental condition, or that of someone under the party's legal control, is a real issue in the case, the court can order an examination by a physician or other qualified professional, or order that person produced for examination. The order only comes on a motion showing good cause, with notice to the person being examined and to every party, and it has to spell out the time, place, manner, scope, and examiner for the exam; at a party's request, the order can also let the examined person's own attorney attend, or require that a mental examination be recorded by video or audio, unobtrusively and capturing the whole exam, filed under seal.

Once the exam happens, either the examined person or the party who didn't request it can ask for a full written report covering the findings, test results, diagnosis, and conclusions, plus reports from any earlier exams of the same condition and access to the underlying diagnostic material. After that report changes hands, the party who arranged the exam is entitled to similar reports and access from the other side too. If someone refuses to hand over a report, the court can order it produced on fair terms, and can even order a physician who won't cooperate to sit for a deposition. Requesting and obtaining one of these reports, or deposing the examiner, comes at a cost: it waives whatever privilege the examined person might otherwise have claimed over every other person who has examined, or later examines, that same condition, in this case or a related one.

Frequently Asked Questions

Can a court force me to undergo a medical exam if I'm a party to a lawsuit?

Only when your physical or mental condition is truly in dispute in the case, and only on a motion showing good cause, with notice to you and every other party; the resulting order must specify the time, place, scope, and examiner.

Can I get a copy of the examiner's report?

Yes. Either the examined person or the party who didn't request the exam can ask for a full written report of the findings, test results, diagnosis, and conclusions, along with reports of any earlier exams of the same condition.

Does asking for the report cost me anything?

Yes — requesting and obtaining the report, or deposing the examiner, waives whatever privilege you might otherwise claim over other people who have examined or later examine that same condition.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.311). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: independent medical examination MichiganIME Michigan lawsuitphysical or mental examination discovery