Who can requests for physical and mental examinations be served on?

• A. Parties only
• B. People in their control
• C. Only medical professionals
• D. Non-parties only

Answer: (B)

At stake is Rule 35, which governs physical or mental examinations in a case. The examination can be ordered for a party whose physical or mental condition is in controversy, but it can also reach a person who is in the party’s control—someone the party can direct or has custody over and can arrange to have examined. This ensures the party can obtain relevant evidence about someone close enough to the party to be governed or influenced by them, not just a completely unrelated nonparty. The examiner is a physician, and the court requires good cause and sets the terms. So, the proper target of a Rule 35 request is a person in the party’s control.