Article 3: Nebraska Court Rules of Discovery in Civil Cases. (Effective January 1, 2025.) · Last amended January 1, 2025 · Last verified July 22, 2026
This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.
In one sentenceSection 6-335 lets a court order a party — or someone in that party’s custody or legal control — to undergo a physical or mental examination when the person’s condition is in controversy, and gives both sides rights to exchange the resulting examiner’s reports.
Full Text of § 6-335
Text sizeCurrent version (effective January 1, 2025) — jump to: (a)(b)
Prior version (in effect before January 1, 2025) — jump to: (a)(b)
§ 6-335. Physical and mental examinations. — Current version (effective January 1, 2025)
(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 one or more suitably licensed or certified examiners. The court has the same authority to order a party to produce for examination a person who is in the party’s custody or under the party’s 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
(B)must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.
(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)Failure to Deliver a Report. The court on motion may order – on just terms – thata party deliver the report of an examination. If the report is not provided, the court may exclude the examiner’s testimony at trial.
(5)Scope. This subpart (b) applies also to an examination made by the parties’ agreement, unless the agreement states otherwise. This subpart does not preclude obtaining an examiner’s report or deposing an examiner under other rules.
§ 6-335. Physical and mental examinations. — Prior version (in effect before January 1, 2025)
(a)Order for Examination. 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 one or more physicians, or other persons licensed or certified under the laws to engage in a health profession, or to produce for examination the person in his or her 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.
(1)If requested by the party against whom an order is made under subdivision (a) of this rule or the person examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her 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 he or she 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 or her testimony if offered at the trial.
(2)(Not used).
(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 examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.
Amendment History
Current version (effective January 1, 2025)
Rule 35(b) comment amended February 26, 1997; Rule 35(a) and 35(a) comment amended November 21, 2001. Renumbered and codified as § 6-335, effective July 18, 2008; § 6-335 amended November 13, 2024, effective January 1, 2025.
Prior version (in effect before January 1, 2025)
Rule 35(b) comment amended February 26, 1997; Rule 35(a) and 35(a) comment amended November 21, 2001. Renumbered and codified as § 6-335, effective July 18, 2008.
Official Comment
Current version (effective January 1, 2025)
COMMENTS TO § 6-335 [1] The requirement that the examination be conducted by a suitably licensed or certified examiner mirrors the requirement in Rule 35 of the Federal Rules of Civil Procedure and gives the court the discretion to assess the examiner’s credentials to ensure that the examiner has the expertise necessary to perform the proposed examination. [2] The rule originally required that notice of a motion for an examination be given to all parties and to the person to be examined. The requirement of giving notice to the person to be examined was eliminated by the 2024 Amendments because it was unnecessary. The requirement of giving notice to all parties – including self- represented parties, parties represented by an attorney, and persons bringing claims as a representative (for example, a next friend) – ensures that the person to be examined will receive notice of the motion. [3] Subpart (b) requires a party that receives a copy of the examiner’s report to provide copies of any reports that the party may have on the same condition. Because those reports involve a condition that is an element of the party’s claim or defense, those reports are not covered by the physician-patient privilege. See Neb. Rev. Stat. § 27-504(4)(c).
Prior version (in effect before January 1, 2025)
COMMENTS TO RULE 35 35(a) This rule follows the federal rule and expands former Neb. Rev. Stat. § 25-1267.40 (Repealed 1982). A person under the control of a party is now included in this rule. The court may order more than one examination. The health professions that require a license or certificate are defined in Neb. Rev. Stat. § 71-102. 35(b) This section follows the federal rules and establishes a useful procedure for exchange of medical reports. Subdivision (b)(2) of the federal rule is not used because the Nebraska Evidence Rules contain a direct waiver of the privilege. See Neb. Rev. Stat. § 27-504.
Plain-English Summary
When a party’s physical or mental condition, including blood group, is a real issue in the case, Section 6-335 lets the court order that party (or someone under that party’s custody or legal control) to be examined by a suitably licensed or certified examiner. The court cannot order this on its own initiative — it takes a motion showing good cause, with notice to all parties, and the resulting order has to spell out the time, place, manner, conditions, and scope of the exam, along with who will perform it.
Once the exam happens, either side can request the examiner’s written report — the party who is examined, or the party who moved for the exam. That report has to detail the examiner’s findings: diagnoses, conclusions, and test results. If the party who was examined or the opposing party requests and receives that report, the moving party can then turn around and demand copies of any other reports on the same condition, from earlier or later exams, unless the party with custody of the examined person shows it cannot get them. If a party refuses to hand over a report the rule entitles someone to, the court can order it produced on fair terms, and if the examiner still refuses to report, the court can bar that examiner from testifying at trial. These reciprocal exchange rules apply to exams arranged by the parties’ own agreement too, unless the agreement says otherwise, and none of it blocks a party from getting an examiner’s report or deposing the examiner through other discovery tools.
Frequently Asked Questions
What does a party need to show to get a court-ordered physical or mental exam of the opposing party?
That the person’s mental or physical condition is in controversy, established by a motion for good cause and notice to all parties.
What must the court’s order for an examination include?
The time, place, manner, conditions, and scope of the examination, and who will perform it.
Who is entitled to a copy of the examiner’s report?
Either the party against whom the exam was ordered or the person examined, on request; after that report is delivered, the party who moved for the exam is entitled to any other reports on the same condition.
What must the examiner’s report contain?
A detailed written statement of the examiner’s findings, including diagnoses, conclusions, and the results of any tests performed.
What happens if a party will not produce a report this rule requires?
The court may order production on just terms, and if the examiner fails to make a report, the court may exclude that examiner’s testimony at trial.
Do these exchange rules apply to an exam the parties arranged by agreement rather than court order?
Yes, unless the parties’ agreement expressly provides otherwise.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as:court ordered medical exam nebraskaindependent medical examination discoveryphysical mental exam motion nebraskaexaminer report exchange ruleblood group examination discovery