Rule 35.Physical and Mental Examination of Persons.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 35 lets the court order a physical or mental examination where a party condition is in controversy, and sets who gets the report.

Full Text of Rule 35

Text sizeJump to: (a) (b)

(a) (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 upon the agreement of the parties or on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the scope of the examination and the person or persons by whom it is to be made.

(b) (b) Report of examiner.

(1) (1) All parties shall receive a copy of the 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 unless the court orders otherwise upon a showing of good cause by the party requesting that the report be withheld. All parties shall also be entitled upon request to receive from a like report of any examination of the same party or person, 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 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) (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 with respect to the same mental or physical condition.

(3) (3) 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.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

The court may order an examination where 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 inclusion of a person in a party custody is what brings a child within the rule. The order issues on motion for good cause, with notice, and specifies the time, place, manner, conditions and scope of the examination and the person who will conduct it.

Reports are shared. All parties receive a copy of the examiner written report setting out findings, test results, diagnoses and conclusions, together with like reports of earlier examinations of the same condition.

Requesting and obtaining that report, or deposing the examiner, carries a price: the party examined waives any privilege about the testimony of anyone who has examined or may examine them for the same condition, in that action and any other involving the same controversy. The subdivision does not cut off discovery of an examiner report or a deposition of the examiner under any other rule.

Frequently Asked Questions

When can a Hawaii family court order a psychological evaluation?

Where the mental or physical condition of a party, or of a person in the custody or under the legal control of a party, is in controversy. The order issues on motion for good cause shown with notice.

Can a child be examined under this rule?

The rule reaches a person in the custody or under the legal control of a party, which brings a child within it.

Who gets the examiner report?

All parties receive a copy, with findings, test results, diagnoses and conclusions, plus like reports of earlier examinations of the same condition.

What do I give up by asking for the report?

Any privilege you have regarding the testimony of every person who has examined or may examine you about the same condition, in that action and any other involving the same controversy.

Are custody evaluations confidential?

Custody investigation and evaluation reports are sealed on filing under Rule 7.2.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 35). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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