Group V: Disclosures and Discovery · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 35 lets a party ask the court to order a physical or mental examination of an opposing party (or someone in that party's custody) when the person's condition is truly in dispute, and it spells out who gets to see the examiner's report afterward.
(1)In General. The court may order a party whose mental or physical condition— including blood group—is in controversy to submit to a physical or mental 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.
(1)Request by the Party or Person Examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner’s report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination 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 diagnoses, 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 examination order was issued like reports of all earlier or later examinations 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 examiner’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 examination. If the report is not provided, the court may exclude the examiner’s testimony at trial.
(6)Scope. Rule 35(b) applies also to an examination made by the parties’ agreement, unless the agreement states otherwise. Rule 35(b) does not preclude obtaining an examiner’s report or deposing an examiner under other rules.
Comments
2017 Amendments:
Rule 35 has been amended consistent with the 2007 stylistic changes to Federal Rule of Civil Procedure 35. The phrase “where the action is pending” is still omitted from section (a) of the Superior Court rule.
Comment:
Identical to Federal Rule of Civil Procedure 35 except for deletion from section (a) thereof of the phrase "in which the action is pending."
Plain-English Summary
An examination under Rule 35 does not happen just because one side asks for it. The court has to find good cause, every party and the person being examined must get notice, and the resulting order has to spell out the time, place, manner, and scope of the exam and name who will perform it. That specificity matters — a vague order inviting an open-ended exam would leave the examined party guessing about what they are agreeing to.
Once the exam happens, Rule 35(b) sets up a trade. The person examined, or the party against whom the order was entered, can request a copy of the examiner's written report, which must lay out the examiner's findings, diagnoses, conclusions, and any test results in detail. But asking for that report has a price: requesting it, or deposing the examiner, waives any privilege the examined party might otherwise claim over testimony about examinations of the same condition, in this case or any other case involving the same controversy. Once the reports have changed hands, the party who asked for the exam can also demand copies of any other examinations, earlier or later, of that same condition.
The rule backs this exchange with a real consequence. If a party refuses to hand over a report it owes, the court can order production on whatever terms are just, and if the report still doesn't materialize, the examiner may be barred from testifying at trial. Rule 35(b) also reaches beyond court-ordered exams — it applies to exams the parties arrange by their own agreement, unless that agreement says otherwise, and it doesn't stop a party from getting an examiner's report or deposition testimony through some other discovery rule.
Frequently Asked Questions
Can a party in a D.C. Superior Court case be ordered to undergo a medical examination?
Yes, but only when the party's mental or physical condition is truly in controversy in the case, and only on motion showing good cause, with notice to every party and to the person who will be examined. The court's order must specify the time, place, manner, and scope of the exam and identify who will conduct it.
Who can request a copy of the examiner's report after a Rule 35 exam?
Either the party against whom the exam was ordered or the person who underwent the exam can request it. The party who moved for the exam must then deliver the report, along with reports of any earlier exams of the same condition.
What happens if I request the examiner's report — do I give anything up by asking?
Requesting the report, or deposing the examiner, waives any privilege you might otherwise have over testimony concerning examinations of the same condition, both in this case and in any other case involving the same controversy.
What can the court do if a party refuses to turn over an examination report it owes?
The court may order the report produced on whatever terms are just, and if the report is still not provided, the court may exclude the examiner's testimony at trial.
Does Rule 35 cover examinations the parties agree to on their own, without a court order?
Yes. Rule 35(b)'s provisions on reports and privilege apply to examinations arranged by the parties' own agreement, unless the agreement itself says otherwise.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as:dc rule 35 medical examindependent medical examination dc superior courtphysical or mental examination discovery dcexaminer's report dc civil rules