(1) If requested by the party against whom an order is made under Rule 35.01 or the person examined, the party causing the examination to be made shall deliver to that person or party a copy of a detailed written report of the examining health care expert setting out all 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 an inability 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 a physician or examining health care expert fails or refuses to make a report the court may exclude such testimony if offered at the trial.
Rule 35.02.Report of examining physician or health care expert.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 35.02 entitles the person examined, or the party against whom a Rule 35.01 exam order was made, to request and receive a detailed written report of the examining expert's findings, tests, diagnoses, and conclusions, and in exchange the party who obtained the exam may then request like reports of any other examinations of the same condition.
Full Text of Rule 35.02
(2) This rule applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This rule does not preclude discovery of a report of an examining physician or health care expert or the taking of a deposition of the physician or health care expert in accordance with the provisions of any other rule.
Amendment History
(Amended effective October 1, 1971; amended October 1, 1991, effective November 15, 1991.)
Plain-English Summary
Once an examination under Rule 35.01 happens, Rule 35.02 governs what each side can learn about the results. If the examined person or the party against whom the order was made asks for it, the party who arranged the exam must deliver a detailed written report covering all findings, test results, diagnoses, and conclusions, along with reports of any earlier examinations of the same condition.
Requesting that report has a cost: once the party receives it, that party must then, on request, turn over any reports it has of examinations of the same condition, whether done before or after, unless the report concerns a non-party and that party can show it cannot obtain it. If a party refuses to comply, the court can order delivery on fair terms, and if the examining expert refuses to prepare a report at all, the court may exclude that expert's testimony at trial.
This exchange applies to examinations arranged by agreement between the parties too, unless the agreement says otherwise. The rule also does not stop a party from discovering an examining expert's report, or deposing that expert, through other discovery rules.
Frequently Asked Questions
Can I get a copy of the report from a court-ordered medical exam?
Yes. If you are the person examined or the party against whom the exam order was made, you can request a detailed written report of the examining health care expert's findings, tests, diagnoses, and conclusions, along with reports of earlier exams of the same condition.
If I request the exam report, do I have to share my own medical reports?
Yes. Once you request and receive the report, the party who obtained the examination can then request from you any reports you have of examinations, before or after, of the same condition, unless the report concerns a non-party and you cannot obtain it.
What happens if the examining doctor won't prepare a report?
If a physician or examining health care expert fails or refuses to make a report, the court may exclude that expert's testimony if it is offered at trial.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 35.02). 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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