Rule 35 permits examination of a party whose physical or mental condition is genuinely in controversy, on motion for good cause and with an order specifying the time, place, manner, conditions, and scope of the examination and the examiner.
The examined party may request the examiner's report, which triggers a reciprocal obligation to produce reports of the party's own examinations of the same condition.
Alternative Names:
Physical and Mental Examination, Independent Medical Examination (Rule 35)
Why it Matters?
The defense examination is often the only opportunity to evaluate a plaintiff independently, and disputes over conditions consume substantial motion practice: whether counsel or a videographer may attend, whether the examination may be recorded, the permissible scope of history taking, and whether psychological testing is included. Negotiating those terms in advance is faster than litigating them, and the resulting order defines what the examiner can actually do.
Frequently Confused with
Related terms
Frequently asked questions
Can the plaintiff's attorney attend the examination?
Is the examiner's report automatically produced?
