Rule 60.01.Examination and Report.
Part I · Rule 60: Physical and Mental Examination of Persons · Last amended January 1, 1997 · Last verified July 22, 2026
Full Text of Rule 60.01
Amendment History
Adopted March 29, 1974, eff. Jan. 1, 1975. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended May 28, 1996, eff. Jan. 1, 1997.
Official Comment
(Repealed June 1, 1993, effective Jan. 1, 1994.)
Plain-English Summary
Rule 60.01 addresses a discovery tool that reaches a person’s body or abilities instead of their documents or testimony. When a party’s mental condition, physical condition, blood relationship, or the same condition of an agent or a person in that party’s custody or legal control is in controversy, the court may order that party to submit to an examination by a physician or other appropriately licensed health care provider, or to produce the agent or person in their custody for that examination. A parallel provision covers vocational ability: when that is in controversy, the court can order an evaluation by vocational rehabilitation professionals, again reaching either the party or someone in that party’s custody or control. Either order requires a motion showing good cause, notice to the person examined and every other party, and specifics about the time, place, manner, conditions, scope, and identity of the examiner, and the court can condition the order on reimbursing the examined person’s reasonable round-trip travel expenses if the examination site is more than 60 miles from home.
Once the examination happens, the person examined or the party against whom the order was made can request a detailed written report of the findings, test results, diagnosis, and conclusions, along with reports of any earlier examinations of the same condition. After delivering that report, the party who obtained the examination is entitled to a like report from the other side covering any examination or evaluation of the same condition, unless that other side cannot obtain it. A court can compel delivery of a report on just terms, and if the examiner refuses to produce one, the court can exclude that examiner’s trial testimony.
Requesting or obtaining the report, or deposing the examiner, carries a real cost: it waives whatever privilege the examined person had regarding testimony from every other person who has examined or evaluated, or later examines or evaluates, the same mental condition, physical condition, vocational ability, or blood relationship, in that action or any other one involving the same controversy. The rule applies equally to examinations the parties arrange by agreement, unless their agreement says otherwise, and it does not stop a party from separately discovering an examiner’s report or deposing the examiner under any other applicable rule.
Frequently Asked Questions
When can a court order a physical or mental examination in a Missouri case?
When that condition — or a blood relationship — of a party, or of an agent or person in that party’s custody or legal control, is in controversy, and the court finds good cause on a motion with notice to everyone affected.
Does this rule cover vocational evaluations too?
Yes, a separate provision lets the court order an evaluation by vocational rehabilitation professionals when a party’s vocational ability, or that of an agent or person in their custody, is in controversy.
Can I get a copy of the examiner’s report?
Yes, if you request it, you are entitled to a detailed written report of the findings, test results, diagnosis, and conclusions, along with reports of any earlier examinations of the same condition.
What do I give up by requesting the examiner’s report?
Requesting or obtaining it, or deposing the examiner, waives your privilege regarding testimony from every other person who has examined or evaluated the same condition, in that case or any other one involving the same controversy.
What happens if the examiner refuses to write a report?
The court can exclude that examiner’s testimony if it is offered at trial.
Does this rule apply if the parties agreed to the examination instead of getting a court order?
Yes, unless the parties’ agreement expressly says otherwise.
Who pays for travel to the examination?
The court can require the party who obtained the order to reimburse the examined person’s reasonable round-trip travel expenses if the examination site is more than 60 miles from that person’s residence.