(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 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.
Rule 35.Physical and mental examinations of persons
Part V: Depositions and Discovery · Last amended December 1, 1993 · Last verified July 28, 2026
In one sentenceRule 35 lets the court order a party, or a person in that party's custody or legal control, to undergo a physical or mental examination when the condition is in controversy, but only on motion, for good cause, and with notice to the person being examined and to all parties.
Full Text of Rule 35
(b) Report of examiner.
(1) If requested by the party against whom an order is made under Super. Ct. Civ. R. 35(a) or the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of the 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 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 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 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 examiner or the taking of a deposition of the examiner in accordance with the provisions of any other Rule.
Amendment History
Amended, effective Dec. 1, 1993.
Plain-English Summary
Rule 35(a) requires that the mental or physical condition of a party, or of a person in that party's custody or legal control, be in controversy before the court will order an examination by a suitably licensed or certified examiner, or order that person produced for one. The order only issues on motion, for good cause shown, with notice to the person being examined and to every party, and it has to spell out the time, place, manner, conditions, and scope of the examination and who's conducting it.
Rule 35(b)(1) sets up an exchange once an examination happens. If the party against whom the order was made, or the person examined, asks for it, the party who caused the examination has to hand over the examiner's detailed written report -- findings, test results, diagnoses, and conclusions -- along with reports of any earlier examinations of the same condition. Once that happens, the party who caused the examination becomes entitled to receive similar reports of any examination of the same condition from the other party, past or future, unless that party shows it can't obtain a report for a non-party examinee. The court can order a report delivered on just terms, and if an examiner refuses to make one, the court can exclude that examiner's testimony at trial.
Rule 35(b)(2) attaches a real cost to requesting the report: doing so, or deposing the examiner, waives the examined party's privilege in that action or any other one involving the same controversy regarding testimony from every other person who has examined, or later examines, the same condition. Rule 35(b)(3) applies the same report-exchange rule to examinations the parties arrange by agreement, unless their agreement says otherwise, and none of this blocks discovery of an examiner's report or a deposition of the examiner under any other rule.
Frequently Asked Questions
Can a court force me to undergo a medical examination in a Delaware lawsuit?
Only if your physical or mental condition is in controversy, and only through a motion, a showing of good cause, and notice to you and every other party under Rule 35(a).
What do I get in exchange if I agree to a court-ordered examination?
Rule 35(b)(1) entitles you, on request, to the examiner's detailed written report along with reports of any earlier examinations of the same condition.
Do I have to hand over my own doctor's reports on the same condition once I ask for the examiner's report?
Yes. Rule 35(b)(1) entitles the party who caused the examination to receive like reports of any examination of the same condition from the other party, unless that party shows it can't obtain a report for a non-party examinee.
What happens if the examiner refuses to write a report?
Rule 35(b)(1) allows the court to exclude that examiner's testimony if offered at trial.
Do I give up any privilege by asking for the examination report?
Yes. Rule 35(b)(2) states that requesting or obtaining the report, or deposing the examiner, waives your privilege regarding the testimony of every other person who has examined or later examines the same condition, in that action or any other involving the same controversy.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: delaware independent medical exam rulecourt ordered physical exam delawareime delaware civil proceduremental examination party delaware