A. ORDER FOR EXAMINATION When 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 (including the spouse of a party in an action to recover for injury to the spouse), is in controversy, the court may order the party to submit to a physical or mental examination by a physician or a mental examination by a psychologist or to produce for examination the person in such 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.
Rule 44.Physical and Mental Examination of Persons; Reports of Examinations
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 44 lets a court order a party to undergo a physical or mental examination, or produce someone in that party’s custody for one, when the person’s condition is at issue, and sets rules for sharing the resulting medical reports.
Full Text of Rule 44
B. REPORT OF EXAMINING PHYSICIAN OR PSYCHOLOGIST If requested by the party against whom an order is made under section A. of this rule or the person examined, the party causing the examination to be made shall deliver to the requesting person or party a copy of a detailed report of the examining physician or psychologist setting out such physician's or psychologist'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 inability to obtain it. This section applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise.
C. REPORTS OF EXAMINATIONS; CLAIMS FOR DAMAGES FOR INJURIES In a civil action where a claim is made for damages for injuries to the party or to a person in the custody or under the legal control of a party, upon the request of the party against whom the claim is pending, the claimant shall deliver to the requesting party a copy of all written reports and existing notations of any examinations relating to injuries for which recovery is sought unless the claimant shows inability to comply.
D. REPORT; EFFECT OF FAILURE TO COMPLY
(1) Preparation of written report. If an obligation to furnish a report arises under sections B. or C. of this rule and the examining physician or psychologist has not made a written report, the party who is obliged to furnish the report shall request that the examining physician or psychologist prepare a written report of the examination, and the party requesting such report shall pay the reasonable costs and expenses, including the examiner's fee, necessary to prepare such a report.
(2) Failure to comply or make report or request report. If a party fails to comply with sections B. and C. of this rule, or if a physician or psychologist fails or refuses to make a detailed report within a reasonable time, or if a party fails to request that the examining physician or psychologist prepare a written report within a reasonable time, the court may require the physician or psychologist to appear for a deposition or may exclude the physician's or psychologist's testimony if offered at the trial.
E. Access to confidential health information. Any party against whom a civil action is filed for compensation or damages for injuries may obtain copies of confidential health information as defined in Rule 55 D within the scope of discovery under Rule 36 B. Confidential health information may be obtained by written patient authorization, by an order of the court, or by subpoena in accordance with Rule 55 D.
Amendment History
[CCP 12/2/78; §§ A, E amended by 1979 c.284 §§ 27, 28; § E amended by CCP 12/4/82; § C amended by CCP 12/13/86; §§ C, E amended by CCP 12/10/88 and 1/6/89; §§ A, B, D amended by 1989 c.1084 § 2 ; § E amended by CCP 12/14/02 eff. 1/1/04; § E amended by CCP 12/8/18 eff. 1/1/20]
Plain-English Summary
Rule 44 lets a court order a party — or someone in that party’s custody or legal control, such as an employee, or a spouse in a case seeking damages for injury to the spouse — to undergo a physical or mental examination when that person’s physical or mental condition, or a disputed blood relationship, is in controversy in the case. This is not automatic discovery like a document request; it takes a motion, a showing of good cause, and notice to both the person being examined and every party. The resulting order has to spell out the specifics: when and where the exam happens, how it will be conducted, any conditions on it, its scope, and who performs it.
Once an exam happens, the rule builds in a trade. If the examined person or the party against whom the order was made asks for it, the party who arranged the exam has to hand over a detailed report covering the examiner’s findings, test results, diagnoses, and conclusions, along with reports from any earlier exams of the same condition. Handing that report over then entitles the arranging party to ask for the other side’s own reports on that same condition. Separately, and without needing any court order at all, a party who sues for damages for personal injury has to turn over copies of all written reports and existing notations from any exam relating to the injuries at issue, if the defending party asks — unless the claimant can show an inability to get them. When no written report exists yet, the party who owes one has to ask the examiner to prepare it and cover the reasonable cost of doing so. A party, physician, or psychologist who will not cooperate risks having the court order a deposition of the examiner or exclude that examiner’s testimony at trial.
Section E addresses confidential health information more broadly. A party defending against a claim for injury-related damages can obtain the confidential health information defined in Rule 55 D, so long as it falls within the discovery scope set by Rule 36 B, through a written patient authorization, a court order, or a subpoena issued under Rule 55 D.
Frequently Asked Questions
When can a court order me to undergo a physical or mental exam?
Only when your physical or mental condition, or a blood relationship, is in controversy in the case, and only after the other side files a motion showing good cause. The court cannot order an exam on request alone — it has to issue an order specifying the time, place, manner, conditions, and scope of the exam and naming who will perform it, and it has to give notice to you and every party first.
Who besides a party can be ordered to undergo an examination?
Rule 44 A reaches beyond the named party to anyone in that party’s custody or legal control, including an agent or employee, and specifically includes the spouse of a party in a case seeking damages for injury to the spouse. If the person to be examined is not the party, the party can instead be ordered to produce that person for the exam.
If I’m examined, can I get a copy of the report?
Yes. If you request it, the party who arranged the examination has to deliver a detailed report of the examiner’s findings, including test results, diagnoses, and conclusions, along with reports from any earlier exams of the same condition. Once that report is delivered, the arranging party can in turn request your own reports on the same condition, past or future — with a narrow exception if you can show you cannot obtain a non-party’s exam report.
Does a personal injury claimant have to turn over medical reports even without a Rule 44 order?
Yes, under section C. Once a defending party asks, a claimant seeking damages for injuries has to deliver copies of all written reports and existing notations from any examination relating to the injuries claimed, regardless of whether a court ever ordered an examination. The claimant is excused only by showing an inability to comply.
What happens if a report doesn’t exist yet or someone won’t produce one?
If a report is owed under section B or C but the examiner never wrote one, the obligated party has to ask the examiner to prepare a written report and pay the reasonable cost of preparing it. If a party still fails to comply, or the examiner refuses to produce a report within a reasonable time, the court can order the examiner to sit for a deposition or exclude the examiner’s testimony at trial.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 44). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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