Rule 1-035.Physical and mental examination of persons

Last amended January 1, 1995 · Last verified June 26, 2026

In one sentenceRule 1-035 lets the court order a physical or mental examination when a party’s condition is in controversy, on motion for good cause, and governs the resulting examiner’s report.

Full Text of Rule 1-035

Text sizeJump to: (A) (B)

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 a suitably licensed or certified examiner or to produce for examination the person in the party's 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 Paragraph A of this rule or the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of a detailed written report of the examiner setting out the examiner's 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 the party 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 an examiner fails or refuses to make a report the court may exclude the examiner's 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 the party 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 the party in respect of the same mental or physical condition.

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

End

Rule History

[As amended, effective January 1, 1995.]

Plain-English Summary

This rule allows court-ordered examinations. When the mental or physical condition (including blood group) of a party—or of a person in a party’s custody or legal control—is in controversy, the court may order an examination by a suitably licensed or certified examiner. The order issues only on motion for good cause and on notice, and it must specify the time, place, manner, conditions, and scope of the examination and who will perform it.

On request, the party who obtained the examination must deliver a detailed written report of findings, tests, diagnoses, and conclusions, along with reports of earlier examinations of the same condition; in exchange, that party may obtain like reports from the examined party. Requesting and obtaining the report, or deposing the examiner, waives any privilege over other examinations of the same condition. The report provisions apply to examinations made by agreement unless the agreement says otherwise.

Frequently Asked Questions

When can the court order a physical or mental examination?

When the condition of a party (or a person in a party’s custody or control) is in controversy, on motion for good cause shown and on notice to the person and all parties.

Who gets the examiner’s report?

On request, the party who obtained the examination must provide a detailed written report; that party may then obtain like reports of the same condition from the examined party.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-035 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: physical examinationmental examinationindependent medical examinationexamination order