Rule 35.Physical and Mental Examination of Persons
Chapter V: Depositions and Discovery · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 35 lets a court order a party, or someone in a party's custody or legal control, to submit to a physical or mental examination when that condition is truly in dispute, requires the requesting party to pay for it, and links requesting the examiner's report to a waiver of privilege regarding other examiners of the same condition.
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 suitably licensed or certified examiner or to produce for examination the person in the party’s 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. A party or person may not be required to travel an unreasonable distance for an examination. The party requesting the examination shall pay the examiner and shall advance all necessary expenses to be incurred by the party or person in complying with the order.
(1)If requested by the party against whom an order is made under Rule 35(a) or the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of the detailed written report of the examiner setting out the examiner’s 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 that the party is unable 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 an examiner fails or refuses to make a report the court may exclude the examiner’s testimony if offered at trial.
(2)By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege the party may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party in respect of the same mental or physical condition.
(3)This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of any other rule.
(c)Limited Applicability to Actions Under Title 93 of the Mississippi Code of 1972. This rule does not apply to actions under Title 93 of the Mississippi Code of 1972, except in the discretion of the Chancery Judge. [Adopted effective January 16, 2003. ]
Amendment History
Effective January 16, 2003, Rule 35 was adopted to allow a court to order a physical or mental examination of a person for good cause on motion. So.2d (West Miss. Cases ).
Plain-English Summary
Rule 35(a) applies when a party's physical or mental condition — including blood group — or the condition of someone in that party's custody or legal control, is in controversy. On motion and a showing of good cause, and after notice to the person being examined and to all parties, the court can order an examination by a suitably licensed or certified examiner, or order that the person be produced for examination. The order must spell out the time, place, manner, conditions, and scope of the exam and name the examiner. Neither a party nor a person examined can be made to travel an unreasonable distance, and the party who requested the exam pays the examiner and advances the necessary expenses.
Subsection (b) builds in a report-exchange system. If either the party against whom the order was made or the person examined asks for it, the party who arranged the exam must turn over a detailed written report covering the examiner's findings, test results, diagnoses, and conclusions, along with reports from any earlier exams of the same condition. Once that happens, the party who arranged the exam is entitled to receive a like report of any exam — past or future — the other side has of the same condition, unless that party shows it cannot obtain a report of a non-party's exam. The court can order a report delivered on fair terms, and can exclude an examiner's trial testimony if no report was produced.
Requesting and getting the examiner's report, or deposing the examiner, comes with a cost: subsection (b)(2) treats that as a waiver of any privilege the examined party has, in that case or any related one, regarding testimony from every other person who has examined or later examines the same condition. This report-and-waiver framework applies even to examinations arranged by the parties' own agreement, unless the agreement itself says otherwise.
Subsection (c), adopted in 2003, limits the rule's reach in family-law cases: it does not apply to actions under Title 93 of the Mississippi Code, except when the chancery judge decides in that judge's discretion to apply it.
Frequently Asked Questions
Can a Mississippi court force me to undergo a medical or psychological examination during a lawsuit?
Only when your physical or mental condition is truly in controversy. Rule 35(a) requires a motion, a showing of good cause, and notice to you and all parties before the court can order the exam, and the order must specify its scope and conditions.
Who pays for a court-ordered examination under Rule 35?
The party who requested the examination pays the examiner and advances the necessary expenses the examined person or party incurs in complying with the order.
Am I entitled to a copy of the examiner's report?
Yes, if you ask for it. Rule 35(b)(1) requires the party who arranged the exam to provide a detailed written report, and once that happens, that party can in turn demand a like report of any exam you have of the same condition, subject to limited exceptions.
If I request the examiner's report, do I give up any privilege?
Yes, as to that condition. Rule 35(b)(2) treats requesting and obtaining the report, or deposing the examiner, as a waiver of privilege regarding testimony from every other person who has examined or later examines the same condition, in that case or a related one.
Does Rule 35 apply in divorce or child custody cases?
Generally not. Rule 35(c), adopted in 2003, excludes actions under Title 93 of the Mississippi Code from the rule, except when the chancery judge chooses to apply it in that judge's discretion.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
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