In an action in the Law Division, Civil Part, in which a claim is asserted by a party for personal injuries or in which the mental or physical condition of a party is in controversy, the adverse party may require the party whose physical or mental condition is in controversy to submit to a physical or mental examination by a medical or other expert by serving upon that party a notice stating with specificity when, where, and by whom the examination will be conducted and advising, to the extent practicable, as to the nature of the examination and any proposed tests. The time for the examination stated in the notice shall not be scheduled to take place prior to 45 days following the service of the notice, and a party who receives such notice and who seeks a protective order shall file a motion therefor, returnable within said 45-day period. The court may, on motion pursuant to R. 4:23-5, either compel the discovery or dismiss the pleading of a party who fails to submit to the examination, to timely move for a protective order, or to reschedule the date of and submit to the examination within a reasonable time following the originally scheduled date. A court order shall, however, be required for a reexamination by the adverse party’s expert if the examined party does not consent thereto. This rule shall be applicable to all actions in the Law Division, Civil Part, whenever commenced, in which a physical or mental examination has not yet been conducted.
Rule 4:19-1.Physical And Mental Examination of Persons
Last amended September 1, 2024 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:19-1 lets an adverse party require a party whose physical or mental condition is in controversy to submit to an examination by serving a notice specifying when, where, and by whom, with the examination set at least 45 days out and a protective order available.
Full Text of Rule 4:19-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:25-1; amended July 13, 1994 to be effective September 1, 1994; amended July 5, 2000 to be effective September 5, 2000; amended July 12, 2002 to be effective September 3, 2002; Rule 4:19 redesignated as Rule 4:19-1 and amended, new caption for Rule 4:19 adopted July 15, 2024 to be effective September 1, 2024.
Plain-English Summary
When a party’s physical or mental condition is at issue — most commonly in a personal-injury case — the other side can have that party examined. This rule lets the adverse party require the examination by serving a notice that states with specificity when, where, and by whom it will be conducted and, so far as practicable, the nature of the examination and any tests.
The rule builds in time to object. The examination cannot be scheduled sooner than 45 days after the notice, and a party seeking a protective order must move within that period. If a party fails to submit, to move timely, or to reschedule and submit, the court may compel the examination or dismiss the pleading; a court order is required for a second examination if the examined party does not consent.
Frequently Asked Questions
Can the other side make you get a medical exam?
Yes, where your physical or mental condition is in controversy. The adverse party serves a notice specifying when, where, and by whom the examination will occur, set at least 45 days out, and you may move for a protective order within that period.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:19-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: physical and mental examinationindependent medical examinationIMEdefense medical examexamination of persons