Rule 35.Physical and Mental Examination of Persons.

Current through February 2024 · Last verified July 8, 2026

In one sentenceRule 35 lets a court order a party, or someone in that party's custody or control, to undergo a physical or mental examination when the person's condition is in controversy, and it governs who gets to see the examiner's report afterward.

Full Text of Rule 35

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(a) Order for Examination. When the mental or physical condition (including the blood group) of a party, or of an agent 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 the party's 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 Rule 35(a) or the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of a detailed written report of the examiner setting out the examiner's 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 the party is unable to obtain it. The court on motion and notice 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 such 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 offered or by taking the deposition of the examiner, the party examined waives any privilege the party 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 party in respect of the same mental or physical condition.

(3) This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.

End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Rule 35 comes into play when a party’s physical or mental condition — including blood group — is in controversy, as often happens in a personal injury case. The court can order that party, or a person in that party’s custody or legal control, to submit to an examination by a licensed or certified examiner. This is not automatic: it takes a motion showing good cause, notice to everyone involved, and a court order that spells out the time, place, manner, conditions, and scope of the exam and names who will conduct it.

Once the examination happens, either side can ask for a copy of the examiner’s detailed written report, including test results, diagnoses, and conclusions, along with reports from any earlier exams of the same condition. Requesting that report has a cost: the examined party then has to hand over any other reports on the same condition, whether made before or after, unless the report covers an examination of someone who is not a party and that party shows it cannot obtain it. If an examiner will not produce a report, the court can bar that examiner from testifying at trial.

Asking for the report, or deposing the examiner, waives the examined party’s privilege over testimony from every other person who has examined or later examines that same condition. The rule also reaches examinations the parties agree to on their own, unless their agreement says otherwise, though it does not block separate discovery of a treating physician’s report or deposition under other rules.

Frequently Asked Questions

Can a court force someone to have a medical exam during a lawsuit?

Yes, but only when that person’s physical or mental condition is in controversy, and only after a motion showing good cause and notice to the person and all parties. The resulting order must spell out the time, place, scope, and examiner.

What happens if I ask for a copy of the examiner's report?

You get the detailed findings, test results, and conclusions, but requesting it means you then have to turn over any other reports on the same condition — unless the report covers an examination of someone who is not a party and you show you cannot obtain it — and you waive any privilege over testimony from other examiners of that condition.

Does Rule 35 apply to exams both sides agree to without asking the court?

Yes, examinations arranged by agreement are covered the same way unless the parties’ agreement says otherwise, though the rule does not cut off other ways to obtain a treating physician’s records or deposition.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 35). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: independent medical examinationIMEcourt-ordered medical exammental examination orderphysical examination orderexaminer's reportcompulsory medical exam