Rule 35.Physical, mental and other examination of persons

Ch. V: Depositions and Discovery · Last amended 1996 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 35 lets the court order a physical, mental or other examination where a person's condition is genuinely in controversy, and sets what happens to the examiner's report.

Full Text of Rule 35

Text sizeJump to: (a) (b) (c)

(a) Order for Examination. When the mental or physical condition (including the blood group) of a party, 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 psychologist 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 subject to such restrictions or conditions as the Court may impose, the party causing the examination to be made shall deliver to the party against whom an order is made, a copy of a detailed written report of the examiner setting out the 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 such party is unable to obtain it. The Court on motion 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 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 ordered 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 paragraph applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This paragraph does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of any other rule.

(c) Examination Fees. The Court may, after affording an opportunity to be heard to either an examined person or any person legally liable for the support of the person examined, assess against such person or any person legally liable for the support of the person examined, the costs, or any portion thereof, of such examination in any case where it has been ordered by the Court. Assessment of examination costs may include costs of any psychological or psychiatric evaluations and medical or other examinations including but not limited to blood tests conducted.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Amended effective September 3, 1996.]

Plain-English Summary

The order. Where the mental or physical condition — including the blood group — of a party, or of a person in a party's custody or legal control, is in controversy, the court may order an examination by a suitably licensed or certified examiner. The order is made on motion for good cause shown, and specifies the time, place, manner, conditions and scope of the examination and the person who will make it.

The blood-group reference is not an antiquarian detail: in a court that determines parentage, an examination of that kind is a routine and consequential order.

The report. On request by the party against whom the order was made, or by the person examined, a copy of the examiner's detailed written report is delivered, subject to any conditions the court imposes.

The waiver that follows. By requesting and obtaining that report, or by deposing the examiner, the party examined waives any privilege they may have concerning the testimony of everyone who has examined or may examine them about the same condition. Asking to see what the examiner wrote is a decision with a price.

Agreed examinations and fees. The report provisions apply to examinations made by agreement unless the agreement says otherwise. And the court may, after affording an opportunity to be heard, address the examination fees as between the person examined and anyone legally liable for their support.

Frequently Asked Questions

When can a Delaware Family Court order a medical or psychological examination?

Where the mental or physical condition, including the blood group, of a party or of a person in a party's custody or legal control is in controversy — on motion, for good cause shown.

Can I see the examiner's report?

Yes, on request by the party against whom the order was made or the person examined, subject to any restrictions or conditions the court imposes.

Is there a catch to asking for the report?

Yes. By requesting and obtaining the report, or by deposing the examiner, the party examined waives any privilege concerning the testimony of every other person who has examined or may examine them about the same condition.

Who pays for the examination?

The court may address the fees, after affording an opportunity to be heard to the examined person or anyone legally liable for their support.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 35), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: court ordered examination Delaware Family Courtblood group testing DelawareFam. Ct. Civ. R. 35