(a) Notice of Examination. After commencement of an action in which the mental or physical condition or the blood relationship of a party, or of an agent, employee or person in the custody or under the legal control of a party, is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician, or to produce for such examination his agent, employee or the person in his custody or under his legal control. The notice may require duly executed and acknowledged written authorizations permitting all parties to obtain, and make copies of, the records of specified hospitals relating to such mental or physical condition or blood relationship; where a party obtains a copy of a hospital record as a result of the authorization of another party, he shall deliver a duplicate of the copy to such party. A copy of the notice shall be served on the person to be examined. It shall specify the time, which shall be not less than twenty days after service of the notice, and the conditions and scope of the examination.
§ 3121.Physical or mental examination.
Article 31. Disclosure · Last amended 1984 · Last verified July 21, 2026
In one sentenceCPLR 3121 lets a party demand that another party, or someone in that party's control, undergo a physical, mental, or blood examination by a designated physician whenever that condition is truly in dispute in the case, with a matching duty to exchange the resulting report.
Full Text of CPLR 3121
(b) Copy of Report. A copy of a detailed written report of the examining physician setting out his findings and conclusions shall be delivered by the party seeking the examination to any party requesting to exchange therefor a copy of each report in his control of an examination made with respect to the mental or physical condition in controversy.
Plain-English Summary
When a lawsuit turns on someone's physical condition, mental state, or blood relationship, CPLR 3121 lets the opposing party test that claim directly. Notice to the other side triggers an examination by a physician the demanding party designates, covering the party, or an agent, employee, or person under that party's legal control, such as a minor child. This is the rule behind what practitioners commonly call the independent medical examination, or IME, though the physician is chosen and paid for by the party seeking the exam, not by any neutral body.
The notice must give at least twenty days before the exam and spell out its conditions and scope — what will be examined, and how. It can also demand signed authorizations letting every party obtain and copy hospital records tied to the condition at issue. If one party gets a hospital record through another party's authorization, it has to hand over a copy.
Getting examined comes with a right to know the result. The party who arranged the exam must deliver a detailed written report of the examining physician's findings and conclusions — but only in exchange for a copy of any report the other side has on the same condition. Neither side gets a free look at the other's medical evidence; the exchange runs both ways.
Frequently Asked Questions
What is an independent medical examination in a New York lawsuit?
It's an exam under CPLR 3121, ordered by notice rather than a neutral body, where a physician chosen by the party seeking the exam evaluates the physical, mental, or blood condition that's truly in dispute in the case.
Can I refuse to attend a CPLR 3121 examination?
How much notice do I get before a physical or mental examination in New York?
At least twenty days after service of the notice, which must also spell out the conditions and scope of the exam.
Am I entitled to a copy of the doctor's report after an IME?
Yes, but only if you also turn over any report you have covering the same condition — CPLR 3121(b) makes the exchange run both ways.
Can CPLR 3121 be used to examine someone who isn't a party to the lawsuit?
Yes, if that person is an agent, employee, or someone under the legal control of a party — for example, a party's minor child whose condition is at issue.
Can a party demand hospital records along with a physical examination?
Yes. The notice under CPLR 3121(a) can require signed authorizations letting every party obtain and copy hospital records related to the condition or blood relationship at issue.
Does asking for a physical examination waive my right to object to its scope?
Advisory Committee Notes
Subd (a) of this section is based on New Jersey rule 4:25-1, modified to permit use of the device on notice. It includes the changes to Federal rule 35 recommended in 1954. Report of the Advisory Committee on Federal Rules 32– 34 (May 1954); id. at 41–43 (Oct. 1955). See Minn R Civ P 35.01, 232 Minn Rep (1951); SD Code § 36.0602 (1939). CPA §§ 306 and 306-a required an order CPA § 306 applied in terms only to actions for personal injuries, but the cases have extended it to annulment actions. CPA § 306-a was applicable to all actions. The second sentence is adapted from local rules governing exchange of medical information. (See New York County Supreme Court Trial Term Rules XII; Bronx County Supreme Court Trial and Special Term Rule XXI). The Committee notes that such local rules are not inconsistent with this subdivision and that local courts may adopt them or any other rule not inconsistent with this subdivision.
Subd (b) of this section is based on New Jersey rule 4:52-2. See also La Rev Stat § 13:3783B (Supp 1954); SD Code § 36.0604 (1939). It embodies the case law rule of the Second Department. The person examined is not permitted to make the request for a copy of the report if he is not a party since he should not be in a position to control the litigation. The party producing the person for examination need only supply reports of examinations that the party has in his possession or control. He need not supply hospital reports of hospitalizations prior to the accident even though the defendant claims that there was a pre-existing injury, but the court could order such disclosure under CPLR § 3103. This provision is broad enough to permit an examination of a driver’s eyesight even though he is not claiming any personal injuries.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1984, ch 294, § 8, eff Sept 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: independent medical examination New YorkIME New York lawsuitphysical examination discovery New YorkCPLR 3121 mental examinationdefense medical exam New Yorkblood test discovery New York lawsuit