Rule 16.23.Physical and mental examinations of minors in family law actions

Group III: Pleadings and Motions · Last amended March 1, 2019 · Last verified July 14, 2026

In one sentenceRule 16.23 gives family courts a custody-case-specific alternative to Rule 35 for ordering a physical or mental examination of a minor.

Full Text of Rule 16.23

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Applicability; Motion; Notice.

(1) This rule governs a physical or mental examination of a minor in family law actions.

(2) When ordering a physical or mental examination of a minor, the court may proceed under this rule or Rule 35. The court’s order must state the court’s reasoning for proceeding under either rule and must include findings as to the best interests of the child.

(3) Upon motion and after notice to all parties and, if the minor is 14 years of age or older, to the minor to be examined, a court may for good cause order an examination of a minor’s mental or physical condition.

(b) Order. The provisions of Rule 16.22(b) apply to orders under this rule.

(c) Recording. In a motion requesting an examination or an opposition thereto, the parties may request that an examination be recorded by audio or audiovisual means. When considering whether to approve a recording, the court may appoint a guardian ad litem for the minor, hold a hearing, or both. The court may grant a request to record the examination if making the recording is in the child’s best interest. Any recording must be provided to the court and placed under seal. On motion, and for good cause, the court may permit distribution of the recording, which must include appropriate restrictions on its release and use.

(d) Observers.

(1) In General. In a motion requesting an examination or an opposition thereto, the parties may request that an observer be present at the examination. When considering whether to approve a request for an observer, the court may appoint a guardian ad litem for the minor, hold a hearing, or both. The court may grant a request for an observer if the observer’s presence is in the child’s best interest and would not compromise the examination. The observer may not be a party, a party’s attorney, or anyone employed by a party or a party’s attorney. If the minor is of sufficient age and maturity, the court may consider the child’s preference in choosing the observer. The court must approve the observer before the examination, and the observer must not in any way interfere with, obstruct, or participate in the examination.

(2) Parents. If ordered by the court, the parents or guardian of a minor may observe a physical examination, but may not interfere with, obstruct, or participate in the examination.

(e) Examiner’s Report. The examiner’s report and access to it must comply with Rule 16.22(e)(1) and (3)- (6).

(f) Stipulations. Any stipulation for a minor’s examination must comply with Rule 16.22(f).

End

Notes

Advisory Committee Note — 2019 Amendment: Rule 16.23 is new and provides alternative procedures to Rule 35 for mental or physical examinations of minors in family law actions.

Amendment History

Added eff. 3-1-19.

Plain-English Summary

When a physical or mental examination of a minor comes up in a family law case, the court gets a choice: proceed under the general examination procedure in Rule 35, or use Rule 16.23 instead. Whichever one it picks, the court has to explain why in its order and make findings tied to the child’s best interests. A minor who is 14 or older gets notice of the motion along with the parties, since a teenager old enough to have a voice in the process is treated as someone who should know an examination is being sought. The order itself follows the same requirements as a custody evaluation order under Rule 16.22 — timing, scope, examiner, and location.

Recording the exam and allowing an observer both require a request in the motion or opposition, and the court weighs each request against the child’s best interests, with the option to appoint a guardian ad litem or hold a hearing first. An observer can’t be a party, a party’s attorney, or anyone who works for either of them, and must not interfere with the exam once approved. A parent may watch a physical exam only if the court orders it, and even then can’t interfere or take part. The handling of the examiner’s report and any stipulation between the parties tracks the same rules that apply to custody evaluations under Rule 16.22.

Frequently Asked Questions

How is Rule 16.23 different from Rule 35’s general examination procedure?

Rule 16.23 gives family courts a custody-case-tailored alternative to Rule 35, with its own notice, recording, and observer provisions built around the child’s best interests.

Does a minor get any notice before being examined under Rule 16.23?

A minor who is 14 or older must be given notice of the motion, along with all the parties.

Can a parent watch their child’s physical or mental examination?

A parent may observe a physical examination only if the court orders it, and may not interfere with or take part in it. The rule addresses observers generally through a court-approved request.

Can the examination be recorded, and who decides?

Recording requires a request in the motion or opposition. The court decides whether it serves the child’s best interests, and may appoint a guardian ad litem or hold a hearing before deciding.

How is the examiner’s report handled once it’s finished?

It follows the same confidentiality and access rules that apply to custody evaluation reports under Rule 16.22.

Source & verification. Rule text, official Advisory Committee Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026. · Official source

Also known as: examination of a minor family courtchild mental exam custody casechild physical exam court orderRule 35 alternative for minors