(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 examination by a physician or to submit to a mental examination by a physician or a licensed psychologist or to produce for examination the person in his 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.
§ 9-11-35.Physical and mental examination of persons
Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 2001 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-35 lets a court order a party, or someone in that party’s custody or legal control, to undergo a physical or mental examination when their condition is in controversy and good cause is shown, entitles the examined person and the other parties to a detailed written report of the results, and provides that requesting or obtaining that report waives the examined party’s privilege over every other examiner who has looked at the same condition.
Full Text of § 9-11-35
(b) Report of examining physician or psychologist.
(1) If requested by the party against whom an order is made under subsection (a) of this Code section or by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician or psychologist setting out his findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition.
(2) Any party shall be entitled, upon request, to receive from the party whose physical or mental condition is in issue, or who is in control of, or has legal custody of, a person whose physical or mental condition is in issue, a report of any and every examination, previously or thereafter made, of the condition in issue, unless, in the case of a report of examination of a person not a party, the party shows that he is unable to obtain it.
(3) The court, on motion, may make an order against a party requiring delivery of a report under paragraph (1) or (2) of this subsection on such terms as are just; and, if a physician or psychologist fails or refuses to make a report, the court may exclude his testimony if offered at the trial.
(4) 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 he may have in that action, or any other action involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect to the same mental or physical condition.
(5) Paragraphs (1) through (4) of this subsection apply to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. Paragraphs (1) through (4) of this subsection do not preclude discovery of a report of an examining physician or psychologist or the taking of a deposition of the physician or psychologist in accordance with any other Code section of this chapter.
Plain-English Summary
An examination order is available only on motion, for good cause, with notice to the person being examined and to every party. The order itself has to spell out the time, place, manner, conditions, and scope of the examination and name who will conduct it. It reaches a party’s own condition — including blood group — or the condition of someone in that party’s custody or legal control, such as a minor child.
Once an exam happens, reporting rights follow. The party against whom the order was entered, or the person examined, can request a detailed written report covering findings, test results, diagnoses, and conclusions, along with reports of any earlier examinations of the same condition. Any party can request a report of past or future examinations of the condition at issue from whoever controls the examined person, subject to a narrow excuse where that party cannot obtain a nonparty’s report. A court can order production of a report on motion, and can exclude a noncompliant physician’s or psychologist’s testimony at trial if the report is never produced.
Requesting and obtaining the report, or deposing the examiner, comes at a cost: it waives the examined party’s privilege over testimony from every other person who has examined, or later examines, the same condition — in that case or any other action involving the same controversy. These rules extend to examinations the parties arrange by their own agreement, unless the agreement says otherwise, and they don’t shut off other routes to the same information, such as deposing the examiner directly under other provisions of the chapter.
Frequently Asked Questions
What does a party have to show to get a court-ordered physical or mental exam of an opposing party?
Good cause, raised on motion, with the party’s or the examined person’s condition in controversy.
Can a court order an exam of someone who isn’t a party to the case?
Yes, if that person is in the custody or under the legal control of a party, such as a minor child.
Am I entitled to a copy of the examiner’s report?
Yes. The examined person or the party against whom the order was made can request a detailed written report, and any party can request reports of past or future examinations of the same condition.
What happens if I request the examiner’s report?
Requesting or obtaining it waives your privilege over testimony from every other person who has examined, or may later examine, that same condition, in that case or a related one.
What if the examining physician or psychologist refuses to prepare a report?
The court may exclude that examiner’s testimony if offered at trial.
Amendment History
Ga. L. 1966, p. 609, § 35; Ga. L. 1972, p. 510, § 8; Ga. L. 2001, p. 808, § 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: independent medical examination Georgiaphysical mental exam lawsuit GeorgiaIME Georgia civil casewaiver of privilege medical exam Georgia