When the mental or physical condition or characteristic of a party or of a person in the custody or under the legal control of a party is in controversy, the court may order the party to submit to a mental or physical examination by a suitably licensed or certified examiner or to produce for examination the person in the custody or under the legal control of the party. The order may be entered only on motion for good cause shown and upon notice to the person to be examined and to all parties. It shall specify the time and place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. The order may regulate the filing and distribution of a report of findings and conclusions and the testimony at trial by the examiner, the payment of expenses, and any other relevant matters.
Rule 2-423.Mental or physical examination of persons
Circuit Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceAuthorizes a court to order a mental or physical examination of a party, or of someone in a party's custody, when that person's condition is at issue.
Full Text of Rule 2-423
Amendment History
Amended July 23, 1997.
Committee Note & Source
Source. This Rule is derived from former Rule 420.
Plain-English Summary
Litigation often turns on someone's physical or mental condition, whether it's a plaintiff's claimed injury or a parent's fitness in a custody dispute. Rule 2-423 lets the court order an examination in that situation, but only on motion, only for good cause shown, and only after notice to the person who will be examined and to every party. The court decides who conducts the exam, requiring a suitably licensed or certified examiner, and the person examined doesn't have to be the party itself; it can be anyone in that party's custody or under that party's legal control.
The order does more than authorize the exam. It has to spell out the time, place, manner, conditions, and scope of the examination, and it can regulate how the examiner's findings get reported and shared, whether and how the examiner may testify at trial, who pays for the exam, and any other detail the court thinks relevant. Because an examination intrudes on a person's body or mind, the rule builds in real limits: no automatic right to demand one, and no exam without a specific court order tailored to the case.
Frequently Asked Questions
Who can be ordered to undergo an examination under Rule 2-423?
A party whose mental or physical condition is in controversy, or a person in that party's custody or under that party's legal control whose condition is in controversy, such as a minor child.
Does a party have an automatic right to demand a medical exam of the other side?
No. The court has to enter an order, and it may do so only on motion, only for good cause shown, and only after notice to the person being examined and to all parties.
What does the examination order need to cover?
The time, place, manner, conditions, and scope of the exam, and who will perform it. The court can also address how the examiner's report gets distributed, whether and how the examiner testifies at trial, and who pays the costs.
Does the examiner have to be a doctor?
The rule requires a suitably licensed or certified examiner, which covers physicians but isn't limited to them; the right credential depends on the condition being examined.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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