Rule 35.Physical and Mental Examination

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 35 lets a court order a party to undergo a physical or mental examination when that party's condition is in controversy, on a motion showing good cause, and addresses the examiner's report and the resulting waiver of privilege.

Full Text of Rule 35

Text sizeJump to: (a) (b)

(a) Order for Examination.

(1) In General. The court where the action is pending may order a party whose mental or physical condition -- including blood group -- is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.

(2) Motion and Notice; Contents of the Order. The order:

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and

(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.

(b) Examiner’s Report.

(1) Request by the Party or Person Examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner’s report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.

(2) Contents. The examiner’s report must be in writing and must set out in detail the examiner’s findings, including diagnoses, conclusions, and the results of any tests.

(3) Request by the Moving Party. After delivering the reports, the party who moved for the examination may request -- and is entitled to receive -- from the party against whom the examination order was issued like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them.

(4) Waiver of Privilege. By requesting and obtaining the examiner’s report, by deposing the examiner, or by commencing an action or presenting a defense which puts a party’s condition at issue, the party examined waives any privilege it may have -- in that action or any other action involving the same controversy -- concerning testimony about all treatments, prescriptions, consultations, or examinations for the same condition. The waiver of any privilege does not apply to any treatment, consultation, prescription, or examination for any condition not related to the pending action. On a timely motion for good cause and on notice to all parties and the person to be examined, the court in which the action is pending may issue an order to prohibit the introduction of evidence of any such portion of any person’s medical record not related to the pending action.

(5) Failure to Deliver a Report. The court on motion may order -- on just terms -- that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner’s testimony at trial.

(6) Scope. This subdivision (b) applies also to an examination made by the parties’ agreement, unless the agreement states otherwise. This subdivision does not preclude obtaining an examiner’s report or deposing an examiner under other rules.

End

Plain-English Summary

When a party's physical or mental condition is in controversy — as in a personal-injury case — Rule 35 lets the court order that party to submit to an examination by a suitably licensed examiner. The order may issue only on a motion for good cause, with notice, and it must specify the examination's time, place, manner, conditions, scope, and examiner.

The rule then handles the report: the party who obtained the exam must, on request, hand over the examiner's written report (and reports of earlier exams of the same condition), and in exchange may obtain the examined party's like reports. Importantly, by requesting the report, deposing the examiner, or putting their condition at issue, the examined party waives the privilege over treatment and examinations for that condition — but only for that condition, not unrelated parts of their medical record.

Frequently Asked Questions

When can a court order a medical or psychological examination?

When a party's physical or mental condition is in controversy, on a motion showing good cause and with notice to all parties and the person to be examined.

Do I get a copy of the examiner's report?

Yes, on request — along with reports of earlier examinations of the same condition. In exchange, the party who obtained the exam may request your like reports of the same condition.

Does being examined waive my medical privilege?

For the condition at issue, yes — requesting the report, deposing the examiner, or putting your condition in controversy waives privilege as to that condition. It does not waive privilege for unrelated parts of your medical record.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: physical exammental examimeindependent medical examinationrule 35 exam