Motion for a Physical or Mental Examination

When the motion for a physical or mental examination is used

Timing: during discovery. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• The order may be made only on motion for good cause and on notice to all parties and the person to be examined (Rule 35(a)(2)(A)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 35 online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for a physical or mental examination in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion for a physical or mental examination procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Depositions: questioning of a witness under oath, outside court, with a record made of the testimony.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.