Quick answer
An “independent medical exam” (IME) is an exam by a provider chosen by the other side, usually the insurer or defendant. In federal lawsuits, Rule 35 allows a court to order a physical or mental exam of a party whose condition is “in controversy,” but only on a motion showing “good cause.”[1] The person examined is entitled to a copy of the examiner’s report on request.[1] Insurance policies and workers’ compensation laws have their own exam rules.
Federal Rule of Civil Procedure 35
Fed. R. Civ. P. 35(a)(1)
The court where the action is pending may order a party whose mental or physical condition—including blood group—is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
Source: [1]
Rule 35(a)(2) states that the order “may be made only on motion for good cause and on notice to all parties and the person to be examined,” and “must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.”[1]
The examiner’s report
Under Rule 35(b)(1), the party who requested the exam “must, on request, deliver to the requester a copy of the examiner’s report, together with like reports of all earlier examinations of the same condition.”[1]
Exams in head injury cases
In head injury cases, the other side may request a neurological exam, a neuropsychological evaluation or both. Because a mental exam is expressly covered by Rule 35,[1] the defense may seek its own cognitive testing, including validity measures, which professional guidance says every forensic evaluation must address.[2] See neuropsychological testing.
Exams outside of lawsuits
Exams can also be required before a lawsuit is filed. Insurance policies and state workers’ compensation laws can contain their own exam requirements, and those come from the policy language and state law rather than Rule 35.
Scope and conditions
Because a Rule 35 order must specify the “manner, conditions, and scope” of the exam,[1] parties often dispute issues such as which tests may be given, how long the exam lasts and whether it may be recorded. State court rules on these questions vary.
Frequently asked questions
Is an “independent” medical exam actually independent?
The examiner is selected by the other side. Rule 35 refers to it as a physical or mental examination by a suitably licensed or certified examiner.[1]
Can I get the report?
Yes, in federal court. The requesting party must deliver a copy on request.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Federal Rules of Civil Procedure, Rule 35. Legal Information Institute. https://www.law.cornell.edu/rules/frcp/rule_35
- Sweet JJ, et al. “American Academy of Clinical Neuropsychology (AACN) 2021 consensus statement on validity assessment.” The Clinical Neuropsychologist, 2021;35(6):1053-1106. https://pubmed.ncbi.nlm.nih.gov/33823750/
Sources last checked: October 11, 2026
