Rule 35. Physical and Mental Examination of Persons

Advisory Commission Comments to Rules 35.01-35.02

Advisory Commission Comments

This Rule permits a court to order the physical or mental examination of a party upon motion of another party when the condition is in controversy. A provision is made to permit the examined party to obtain a copy of the report; obtaining such a copy acts as a waiver of any privilege with respect to other examinations of the same party for the same condition.

Advisory Commission Comment [1994]

The amendment expands the group of professionals who can conduct examinations. Whether an examiner authorized under this rule may give testimony at a trial or proceeding is governed by the Tennessee Rules of Evidence.


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