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 physician, dentist or appropriate health care expert, 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.
Rule 35.01.Order for examination.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 35.01 allows a court, on motion for good cause shown and with notice to all parties and the person to be examined, to order a physical or mental examination of a party, or a person in that party's custody or legal control, when the person's mental or physical condition, including blood group, is in controversy.
Full Text of Rule 35.01
Amendment History
(Amended effective October 1, 1971; amended October 1, 1991, effective November 15, 1991.)
Plain-English Summary
Rule 35.01 comes into play when someone's physical or mental condition is disputed in the case, for example in a personal injury claim where the extent of an injury is at issue. It lets the court order that person to submit to an examination by a physician, dentist, or other appropriate health care expert. The person examined does not have to be a party directly; it can be someone in the custody or under the legal control of a party, such as a minor child.
The court will not order an examination automatically. The party wanting the exam must file a motion, show good cause for it, and give notice to both the person who would be examined and to all parties in the case. If the court grants the motion, its order has to spell out the specifics: when and where the exam happens, how it will be conducted, what conditions apply, its scope, and who will perform it.
Frequently Asked Questions
Can a Kentucky court order me to undergo a medical exam during a lawsuit?
Yes, if your physical or mental condition is in controversy in the case. The court can order the examination under Rule 35.01, but only on motion, for good cause shown, and after notice to you and all other parties.
What has to be in a court order for a physical or mental examination?
The order must specify the time, place, manner, conditions, and scope of the examination, and identify the person or persons who will conduct it.
Can the court order an examination of someone who isn't a party?
Yes. Rule 35.01 covers a person in the custody or under the legal control of a party, not just the party alone, so long as that person's mental or physical condition is in controversy.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 35.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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