Rule 35.Physical and Mental Examination of Persons.

Last amended July 1, 2004 · Last verified July 3, 2026

In one sentenceRule 35 lets a court order a party, or someone in that party's custody, to undergo a physical or mental examination when their condition is squarely at issue in the case.

Full Text of Rule 35

Text sizeJump to: (a) (b)

(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.

(b) Report of Examiner.

(1) If requested by the party against whom an order is made under Rule 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.

End

Amendment History

Amended May 15, 1972, effective July 1, 1972

further amended May 7, 2004, effective July 1, 2004

Plain-English Summary

When a party's physical or mental condition, including blood group, is in controversy, the court may order that party, or a person in the party's custody or legal control, to submit to an examination by a qualified examiner, or to be produced for one. The order issues only on a motion showing good cause, after notice to the person being examined and to all parties, and it must spell out the time, place, manner, conditions, and scope of the examination and identify who will conduct it.

Either the party against whom the order was made or the person examined can request a copy of the examiner's detailed written report, including test results, diagnoses, and conclusions, along with reports from any earlier examinations of the same condition; once that happens, the party who obtained the report becomes entitled to request the same from the other side. Asking for the report, or deposing the examiner, waives the examined party's privilege over the testimony of anyone else who has examined, or later examines, that same condition. These same rules apply to examinations the parties arrange by agreement, unless their agreement says otherwise, and none of this blocks discovery of an examiner's report or deposition through some other route.

Frequently Asked Questions

When can a court order someone to undergo a medical examination?

When that person's physical or mental condition is in controversy in the case and a motion shows good cause, with notice given to the person and all parties.

Do I get a copy of the examination report?

Yes, on request, and requesting it means turning over any reports from your own examinations of the same condition in return.

Does requesting the report affect anyone's privilege?

Yes. Requesting the report, or deposing the examiner, waives the examined party's privilege regarding the testimony of any other person who has examined that same condition.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 35). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: independent medical examinationphysical examination ordermental examination orderIME