(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, upon motion of an adverse party, may order the party to submit to a physical or mental examination by one or more health care providers, as defined in § 8.01-581.1, employed by the moving party 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, must specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made, and must fix the time for filing the report and furnishing the copies.
Rule 4:10.Physical and Mental Examination of Persons.
Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 4:10 lets the court, for good cause, order a party — or someone in a party’s custody or control — whose physical or mental condition is in controversy to undergo an examination by a healthcare provider, and sets rules for the examiner, the report, and the effect of deposing the examiner.
Full Text of Rule 4:10
(b) Out-of-State Examiners. — Examiners named in such an order must be licensed to practice in, and must be residents of or have an office in, this Commonwealth. However, notwithstanding the reference to licensure by this Commonwealth in the definition of health care providers in § 8.01-581.1, the court may, in the exercise of its sound discretion and upon determining that the ends of justice will be served, order an examination by one who is not licensed to practice in, is not a resident of, and does not have an office in, this Commonwealth but who is duly licensed in his or her jurisdiction.
(c) Report of Examiner. —
(1) A written report of the examination must be made by the examiner to the court and filed with the clerk thereof before the trial and a copy furnished to each party. The report must be detailed, setting out the findings of the examiner, including results of all tests made, diagnosis and conclusions, together with like reports of all earlier examinations of the same condition. In an Electronically Filed Case, the report of examination must be filed in electronic or digital image form as provided in Rule 1:17.
(2) The written report of the examination so filed with the clerk may be read into evidence if offered by the party who submitted to the examination. A party examined who takes the deposition of any examiner who has conducted an examination ordered pursuant to this Rule, waives any privilege that might have been asserted in that action or in 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 subdivision applies to examination made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of a health care examiner or the taking of a deposition of such examiner in accordance with the provisions of any other Rule.
Plain-English Summary
Rule 4:10 covers the one discovery method that always requires a court order first. When a party’s physical or mental condition — including blood group — is in controversy, an adverse party may move for an order requiring that party, or someone in that party’s custody or legal control, to submit to an examination by a healthcare provider the moving party employs. The court grants the motion only for good cause, after notice to the person being examined and all parties, and the order must specify the time, place, manner, conditions, and scope of the exam, name the examiner, and set a deadline for the report.
The examiner ordinarily must be licensed in Virginia and either live or maintain an office here, but the court can allow an out-of-state examiner who is duly licensed elsewhere if the interests of justice call for it. The examiner must file a detailed written report with the court before trial and furnish a copy to each party, covering test results, diagnosis, and conclusions, along with reports from any earlier examinations of the same condition. The examined party may have that report read into evidence, but deposing the examiner who conducted a court-ordered exam waives any privilege the examined party might otherwise assert regarding every other examiner who has looked at, or later looks at, the same condition. These report and waiver provisions apply equally to examinations the parties arrange by agreement, unless their agreement says otherwise, and none of it forecloses discovering an examiner’s report or deposing the examiner under any other rule.
Frequently Asked Questions
When can a Virginia court order a physical or mental examination?
On a motion by an adverse party, for good cause, when the physical or mental condition of a party — or a person in that party’s custody or control — is in controversy (Rule 4:10(a)).
Does the examining doctor have to be licensed in Virginia?
Generally yes, and the examiner must also reside in or maintain an office in Virginia, though the court can approve an out-of-state examiner who is duly licensed elsewhere if justice requires it (Rule 4:10(b)).
What has to be in the examiner’s report?
A detailed statement of findings, test results, diagnosis, and conclusions, along with any earlier reports on the same condition, filed with the court before trial and furnished to each party (Rule 4:10(c)(1)).
What happens if the examined party deposes the examiner?
Deposing the examiner waives any privilege the examined party might have asserted regarding every other person who has examined, or later examines, that party for the same condition (Rule 4:10(c)(2)).
Does Rule 4:10 apply to physical or mental examinations the parties arrange without a court order?
Yes, unless the parties’ own agreement says otherwise — the report and privilege-waiver provisions of Rule 4:10(c) apply to examinations by agreement just as they do to court-ordered ones (Rule 4:10(c)(3)).
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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