(a) Medical Examinations. In actions to recover damages for personal injuries, the defendant shall have the right to a medical examination of the plaintiff prior to trial. The defendant shall seek and obtain the medical examination of the plaintiff within the expert disclosure deadlines set forth by statute, rule, or in the structuring order issued by the court. The court may order a medical examination of the plaintiff to take place outside of the expert disclosure deadlines, including during trial, only for good cause shown.
Rule 28A.Medical Injuries and Special Damages
Group V: Discovery · Last amended July 1, 2017 · Last verified July 14, 2026
In one sentenceRule 28A governs medical examinations, medical reports and records, and the disclosure of special damages and income-loss documentation in cases seeking damages for personal injury.
Full Text of Rule 28A
(b) Medical Reports. Copies of all medical reports relating to the litigation, in the possession of the parties, will be furnished to opposing counsel on receipt of the same.
(c) Medical Records. Any party shall have the right to procure from opposing counsel an authorization to examine and obtain copies of hospital records and X-rays involved in the litigation.
(d) Special Damages. Any party claiming damages shall furnish to opposing counsel, within 6 months after entry of the action, a list specifying in detail all special damages claimed; copies of bills incurred thereafter shall be furnished on receipt. Any party claiming loss of income shall furnish opposing counsel, within six months after the entry of the action, as soon as each is available, copies of the party's Federal Income Tax Returns for the year of the incident giving rise to the loss of income, and for two years before, and one year after, that year, or, in the alternative, written authorization to procure such copies from the Internal Revenue Service.
Amendment History
Adopted July 24, 2014, eff. September 1, 2014; amended April 20, 2017, eff. July 1, 2017.
2017: The 2017 amendment, in (a), deleted "or during" following "plaintiff prior to" in the first sentence and added the last two sentences.
Plain-English Summary
Rule 28A gathers the ground rules for a case built around a physical injury. A defendant who wants to test the plaintiff's claim of injury has the right to have the plaintiff examined by a doctor, but that exam has to happen within the expert disclosure deadlines the court has already set — not whenever the defendant gets around to it. Only for good cause will a judge allow an exam outside that window, including one requested during trial itself. The 2017 amendment tightened this further by cutting the old option of examining the plaintiff during trial as a matter of course.
The rest of the rule is about paper. Any medical report a party holds must go to the other side as soon as it comes in, and either party can demand an authorization to pull hospital records and X-rays directly. A plaintiff claiming special damages — the itemized, dollar-specific losses like medical bills — has six months from the start of the case to hand over a detailed list, with new bills forwarded as they arrive. A plaintiff claiming lost income faces the same six-month clock for turning over federal tax returns covering the incident year, the two years before it, and the year after, or else authorizing the IRS to release them directly.
Frequently Asked Questions
When must a defendant seek a medical examination of the plaintiff?
Within the expert disclosure deadlines set by statute, rule, or the court's structuring order. A court will only allow an examination outside that window, including one sought during trial, for good cause shown.
What happened to the old rule allowing exams during trial?
The 2017 amendment removed the automatic right to seek a medical examination during trial, folding that option into the good-cause standard that now governs any exam outside the normal disclosure deadlines.
Does a party have to hand over medical reports without being asked?
Yes. Rule 28A(b) requires a party in possession of any medical report relating to the litigation to furnish copies to opposing counsel as soon as the party receives them.
How does a party get hospital records and X-rays held by the other side?
Rule 28A(c) gives any party the right to obtain from opposing counsel an authorization to examine and copy hospital records and X-rays involved in the case.
What is the deadline for listing special damages and turning over tax returns?
A party claiming special damages must furnish a detailed list within six months of the action's entry, with later bills sent as received. A party claiming lost income must, within the same six months, furnish tax returns for the incident year, the two years before, and the year after, or authorize the IRS to release them.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: medical examination rulespecial damages disclosureIME New Hampshiremedical records authorization