Rule 35 — Physical and Mental Examinations

Fed. R. Civ. P. 35

• Source: Federal Rules of Civil Procedure
• Rule: 35
• TITLE V: DISCLOSURES AND DISCOVERY
• Citation: Fed. R. Civ. P. 35

Text

(a) ORDERFORANEXAMINATION.
(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 men-
tal 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’SREPORT.
(1) Request by the Party or Person Examined. The party who
moved for the examination must, on request, deliver to the re-
quester a copy of the examiner’s report, together with like re-
ports of all earlier examinations of the same condition. The
request may be made by the party against whom the examina-
tion 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 diag-
noses, 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 exam-
ination order was issued like reports of all earlier or later ex-
aminations 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 exam-
iner’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 ex-
amination. If the report is not provided, the court may ex-
clude 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 ex-
aminer’s report or deposing an examiner under other rules.

Advisory Committee Notes

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Pub. L. 100–690, title VII, §7047(b), Nov. 18, 1988, 102 Stat. 4401; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)