Title V: Discovery · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 35 lets a court, on motion and for good cause, order a party whose physical or mental condition is in dispute to undergo an examination by a qualified examiner, and gives the examined person a right to obtain a copy of the examiner's report.
(1)In general. The court where the action is pending may order a party whose mental or physical condition, including blood group, is in controversy to submit to a physical or mental examination by a suitably certified examiner, licensed physician, or a qualified mental health professional as defined in Idaho Code section 6-1901, excluding nurses. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.
(2)Motion and notice; Contents of the order. The order:
(A)may be made only on motion for good cause and on notice to all parties and the person to be examined; and
(B)must specify the time, place, manner, conditions, and scope of the examination, including any tests or procedures to be performed, as well as the person or persons who will perform it.
(3)Representative at examination. Upon reasonable notice, the party being examined or the person having custody or legal control of the person being examined, must have the right to have a representative of his or her choice present for the examination.
(1)Request by the party or person examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner's report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.
(2)Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions, and the results of any tests.
(3)Request by the moving party. After delivering the reports, the party who moved for the examination may request, and is entitled to receive, from the party against whom the examination order was issued all other writings or recordings created by the examiner or the party including the originals of forms and test score sheets and like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them.
(4)Waiver of privilege. By requesting and obtaining the examiner's report, or by deposing the examiner, the party examined waives any privilege it may have, in that action or any other action involving the same controversy, concerning testimony about all examinations of the same condition.
(5)Failure to deliver a report. The court on motion may order, on just terms, that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner's testimony at trial.
(6)Scope. This subdivision (b) applies also to an examination made by the parties' agreement, unless the agreement states otherwise. This subdivision does not preclude obtaining an examiner's report or deposing an examiner under other rules.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Rule 35 comes into play when someone's physical or mental condition, including blood group, is in dispute in the case — a personal injury claim is the usual setting, but any case putting a party's condition at issue qualifies. The court can order that party, or a person in that party's custody or legal control, to submit to an exam by a suitably certified examiner, licensed physician, or qualified mental health professional under Idaho Code section 6-1901 — nurses don't qualify. Getting the order takes a motion showing good cause, with notice to everyone involved including the person to be examined, and the order itself has to spell out the time, place, manner, conditions, and scope of the exam, along with who will perform it. The person being examined, or whoever has custody or legal control over them, can bring a representative of their choosing, as long as they give reasonable notice of that intention.
Once the exam happens, the examined side can request a copy of the examiner's detailed written report — findings, diagnoses, conclusions, test results — and is entitled to like reports from any earlier exams of the same condition. After receiving that report, the party who asked for the exam can turn around and request the same kind of material from the other side: other writings or recordings, original test forms, and reports of earlier or later exams of the same condition, unless that side shows it couldn't obtain them. Requesting or obtaining the report, or deposing the examiner, waives any privilege over testimony about all examinations of that condition, in this case and any other case about the same controversy. If a report doesn't get delivered as required, the court can order it produced on just terms, or bar the examiner from testifying at trial. And none of this depends on a court order in the first place — the same report-exchange and privilege-waiver rules apply to an examination the parties agreed to, unless their agreement says otherwise.
Frequently Asked Questions
What kind of condition qualifies for a court-ordered examination under Rule 35?
A physical or mental condition, including blood group, that is in controversy in the case. The court needs good cause and a motion before it can order the exam — it isn't available just because a party's health is mentioned in passing.
Who is allowed to perform the examination?
A suitably certified examiner, a licensed physician, or a qualified mental health professional as defined in Idaho Code section 6-1901. Nurses are excluded from performing the examination under this rule.
Can I bring someone with me to the examination?
Yes. Rule 35(a)(3) gives the person being examined, or whoever has custody or legal control of them, the right to have a representative present, provided reasonable notice is given.
What happens once I ask for a copy of the examiner's report?
You become entitled to a detailed written report and to like reports of any earlier exams of the same condition. But once you ask, the party who moved for the exam can then request comparable material from your side, including test forms and reports of other exams of the same condition.
Do I give up any privilege by requesting the examiner's report?
Yes. Requesting and obtaining the report, or deposing the examiner, waives privilege over testimony about all examinations of that same condition, both in the current case and in any other case involving the same controversy.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as:independent medical examinationIME rule Idahophysical or mental examination ordercompulsory medical examexaminer's report