Rule 35.Physical and mental examination of persons
Group 5: Depositions and Discovery · Last amended September 1, 2001 · Last verified July 13, 2026
In one sentenceRule 35 lets a court order a physical or mental examination of a party, or of someone in a party's custody, when that person's condition is in real dispute, and requires the examiner's detailed written report to be delivered well before trial.
(1)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 examination by a physician, or mental examination by a physician or psychologist 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.
(2)Representative at examination. The party being examined may have a representative present at the examination, who may observe but not interfere with or obstruct the examination.
(3)Recording of examination. Unless otherwise ordered by the court, the party being examined or that party’s representative may make an audiotape recording of the examination which shall be made in a unobtrusive manner. A videotape recording of the examination may be made on agreement of the parties or by order of the court.
(b)Report of examining physician or psychologist. The party causing the examination to be made shall deliver to the party or person examined a copy of a detailed written report of the examining physician or psychologist setting out the examiner’s findings, including results of all tests made, diagnosis and conclusions, together with like reports of all earlier examinations of the same condition, regardless of whether the examining physician or psychologist will be called to testify at trial. The report shall be delivered within 45 days of the examination and in no event less than 30 days prior to trial. These deadlines may be altered by agreement of the parties or by order of the court. If a physician or psychologist fails or refuses to make a report in compliance herewith the court shall exclude the examiner’s testimony if offered at the trial, unless good cause for noncompliance is shown.
(c)Examination by agreement. Subsections (a)(2) and (3) and (b) apply to examinations made by agreement of the parties, unless the agreement expressly provides otherwise.
Amendment History
Prior: RPPP Rule 35. Adopted May 5, 1967, effective July 1, 1967; amended May 26, 1972, effective July 1, 1972; amended, adopted Sept. 2, 1993, effective Sept. 24, 1993; amended, effective Sept. 1, 2001.
Plain-English Summary
Unlike interrogatories, document requests, or admissions, a Rule 35 examination is not something a party can demand of the opposing side on its own. It takes a court order, obtained on motion and only on a showing of good cause, with notice to the person who would be examined and to every other party. The order has to specify the time, place, manner, conditions, and scope of the examination, and name the physician or psychologist who will conduct it. The rule reaches beyond named parties to anyone in the custody or under the legal control of a party, which matters in cases involving injured minors or others under guardianship whose condition is at issue even though they are not parties themselves.
Rule 35(a)(2) and (a)(3) give the person being examined some control over how the exam unfolds. A representative may be present to observe, though not to interfere with or obstruct the examination. And unless the court orders otherwise, the person being examined, or that representative, may make an unobtrusive audiotape recording of the examination; a videotape recording requires either the parties' agreement or a court order.
Rule 35(b) sets a firm timetable for the paper trail that follows the exam. The party who obtained the examination must deliver a detailed written report to the examined party or person, covering the examiner's findings, all test results, diagnosis, and conclusions, along with reports from any earlier examinations of the same condition -- regardless of whether the examiner will testify at trial. That report is due within 45 days of the examination, and in any event no later than 30 days before trial, though the parties can agree to different deadlines or the court can order them. If the examining physician or psychologist will not produce a compliant report, the court has to exclude that examiner's trial testimony unless good cause for the noncompliance is shown.
Rule 35(c) extends the representative-presence, recording, and report requirements of subsections (a)(2), (a)(3), and (b) to examinations the parties arrange by agreement rather than by court order, unless the parties' agreement expressly says otherwise. That default protects a party who consents to an informal examination from losing the procedural safeguards Rule 35 otherwise guarantees.
Frequently Asked Questions
When can a court order a physical or mental examination under Washington Rule 35?
Only when the physical or mental condition of a party, or of a person in a party's custody or under that party's legal control, is in real dispute. The party wanting the exam must move for it and show good cause, and the resulting order must specify the time, place, manner, conditions, and scope of the examination and who will conduct it.
Who is allowed to perform a Rule 35 examination?
A physician for a physical examination, or a physician or psychologist for a mental examination. The order authorizing the exam must name the person or persons who will conduct it.
Can the person being examined have someone else present?
Yes. Rule 35(a)(2) allows the party being examined to have a representative present, though that representative may only observe -- not interfere with or obstruct the examination.
Can the examination be recorded?
The person being examined, or a representative, may make an audiotape recording made in an unobtrusive manner, unless the court orders otherwise. A videotape recording requires either the agreement of the parties or a court order.
How soon after the examination must the report be delivered, and what must it include?
Within 45 days of the examination, and in no event less than 30 days before trial, unless the parties agree to different deadlines or the court orders them. The report must be detailed, covering the examiner's findings, all test results, diagnosis, and conclusions, plus reports from any earlier examinations of the same condition.
What happens if the examining physician or psychologist will not produce the required report?
Rule 35(b) requires the court to exclude that examiner's testimony at trial if offered, unless the party who obtained the examination shows good cause for the failure to comply.
Do the same protections apply if the parties agree to an examination without a court order?
Yes, by default. Rule 35(c) applies the representative-presence, recording, and report provisions to examinations arranged by agreement, unless the parties' agreement expressly provides otherwise.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
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