Rule 35.Physical and mental examination of persons.

Last amended 1975 · Last verified July 3, 2026

In one sentenceRule 35 lets a court order a party -- or someone in that party's custody or control -- to undergo a physical or mental examination when their condition is in real dispute, in exchange for a right to trade examination reports with the other side.

Full Text of Rule 35

Text sizeJump to: (a) (b)

(a) Order for examination. – When the mental or physical condition (including the blood group) of a party, or of an agent or a person in the custody or under the legal control of a party, is in controversy, a judge of the court in which the action is pending as defined by Rule 30(h) may order the party to submit to a physical or mental examination by a physician or to produce for examination his agent or the person in his 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.

(b) Report of examining physician. –

(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 him a copy of a detailed written report of the examining physician setting out his findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. After such request and 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 he 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 a physician fails or refuses to make a report the court may exclude his testimony if offered at the 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 he 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 him in respect of the same mental or physical condition.

(3) This subsection applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subsection does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.

End

Amendment History

(1967, c. 954, s. 1; 1975, c. 762, s. 2.)

Plain-English Summary

Rule 35(a) lets a judge order a physical or mental examination -- including of blood group -- of a party, or of an agent or person in a party's custody or legal control, once that condition is in real controversy. The order requires a motion showing good cause and notice to both the person to be examined and all parties, and must specify the time, place, manner, conditions, scope, and examiner.

Rule 35(b) sets up a report-trading system: on request, the party who obtained the examination must deliver a detailed written report -- findings, test results, diagnoses, and conclusions -- along with reports of any earlier examinations of the same condition; once that happens, the examining party gains a reciprocal right to receive similar reports of any other examination of the same condition from the other side, unless, for a non-party examinee, that party shows the report can't be obtained. The court may order delivery on just terms and may exclude a physician's trial testimony if the physician won't produce the report. Requesting or obtaining a report, or deposing the examiner, waives the examined person's privilege as to every other person who has examined or may later examine them for the same condition, in that case or any related one. The same rules apply to an examination made by the parties' own agreement unless that agreement says otherwise, and none of this blocks discovering an examining physician's report or deposing the physician through some other discovery rule.

Frequently Asked Questions

What does a party need to show to get a court-ordered medical examination of the other side?

A motion establishing good cause, with notice to the person to be examined and all parties -- the condition to be examined must be in real controversy.

What happens after an examination is completed?

On request, the party who arranged it must deliver a detailed written report, and doing so then entitles that party to receive similar reports of any other examination of the same condition from the other side.

Does requesting an exam report waive the examined person's privilege?

Yes. Requesting and obtaining a report, or deposing the examiner, waives privilege as to every other person who has examined or may later examine the same condition, in that case or a related one.

Source & verification. The rule text and history citation are reproduced verbatim from the official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 35). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: independent medical examinationphysical or mental examination ordergood cause for medical examwaiver of privilege by requesting exam reportexamining physician reportIME order