Rule 35.Physical and Mental Examination of Persons

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 35 lets a court order a party, or someone in that party's custody or control, to undergo a physical or mental examination when their condition is in controversy and good cause is shown, and gives the examined person a right to a copy of the examiner's report in exchange for waiving related privilege.

Full Text of Rule 35

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 himself to a physical or mental examination or to produce for such 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) Examiner's report

(1) If requested by the party against whom an order is made under Rule 35(A) or the person examined, the party causing the examination to be made shall deliver to such party or person a copy of the detailed written report submitted by the examiner to the party causing the examination to be made. The report shall set 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 he is unable to obtain it. The court on motion may make an order against a party to require delivery of a report on such terms as are just. If an examiner fails or refuses to make a report, the court on motion may order, at the expense of the party causing the examination, the taking of the deposition of the examiner if his testimony is to be offered at 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 he 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 him in respect of the same mental or physical condition.

(3) This subdivision, 35(B), applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise.

End

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

Division (A) allows the court, on motion and for good cause shown, to order a party -- or a person in that party's custody or legal control -- to submit to a physical or mental examination, or to produce that person for examination, whenever the person's mental or physical condition, including blood group, is in controversy. Notice must go to the person being examined and to all parties, and the order must specify the time, place, manner, conditions, and scope of the examination and who will conduct it.

Division (B) gives the party or person examined the right, on request, to a copy of the examiner's detailed written report, including all test results, diagnoses, and conclusions, along with reports of any earlier examinations of the same condition; the party who obtained the examination can then request similar reports of any other examination of that same condition from the other side. If an examiner won't produce a report, the court may order the examiner's deposition taken at the expense of the party who arranged the examination. Requesting or obtaining a report, or deposing the examiner, waives the examined party's privilege regarding every other person who has examined or later examines the same condition in that action or a related one. This subdivision applies to examinations arranged by agreement between the parties too, unless the agreement says otherwise.

Frequently Asked Questions

What has to be shown before a court will order a physical or mental examination?

Good cause, and that the person's mental or physical condition is in controversy -- not just relevant to the case in some general sense. The court's order must also specify the time, place, manner, conditions, and scope of the exam.

Can Rule 35 be used to examine someone who isn't a party?

Only if that person is in the custody or under the legal control of a party, such as a minor whose parent or guardian is the party. It cannot reach an employee or other person who is not a party and not in a party's legal control.

What does a party give up by requesting a copy of the examiner's report?

Requesting or obtaining the report, or deposing the examiner, waives any privilege regarding the testimony of every other person who has examined or later examines that same condition, in that action or in any other action involving the same controversy.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 35). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: independent medical examinationphysical examinationmental examinationexaminer report