Rule 35 effect on motions to compel?

• A. Examinations allow bypassing the motion to compel and go straight to sanctions because you already have the court order
• B. Examinations require no order
• C. Examinations are not sanctions
• D. Examinations require a trial

Answer: (A)

Rule 35 procedures hinge on obtaining a court order to compel a physical or mental examination. A motion to compel is the vehicle to get that order. Once the order exists, if the other side refuses to comply, the proper remedy is sanctions for noncompliance, not a new motion to compel. So, when you already have the court order, you enforce it by seeking sanctions rather than starting over with another motion to compel. The other options misstate the process: examinations do require a court order to compel, sanctions can apply for noncompliance with that order, and a trial is not required to enforce the order.