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WA · rules

Wash. Super. Ct. Civ. R. 35

Physical and Mental Examination of Persons

activein force · 2001-09-01 – presentact-effective-date

(a) Examination.

(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 an 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.

History

[Adopted effective July 1, 1967; Amended effective July 1, 1972; September 17, 1993; September 1, 2001.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
1bfacfcec580933f7552478016ed132a1e8048a8d36c6e8bcd89e2633773c6c9
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