This guide uses “independent medical examination” or “IME” as shorthand for a physical or mental examination under Indiana Trial Rule 35[1]. That rule concerns examinations in a pending lawsuit. This article addresses Indiana state-court procedure, not federal-court procedure or a workers’ compensation examination.
If you receive an examination request, separate the practical questions from the legal ones. Confirm who requested it, whether the parties agreed to it or a court entered an order, what the stated scope is, and when and where it will occur.
Key takeaways
- Indiana Trial Rule 35 permits a court-ordered examination only when the relevant physical or mental condition is in controversy and the requesting party shows good cause.
- A Rule 35 order must identify the examination’s time, place, manner, conditions, scope, and examiner.
- You may request a detailed written report containing the examiner’s findings, test results, diagnoses, and conclusions. See Rule 35(B)(1)-(2)[1].
- Indiana courts may issue protective orders that limit discovery or set conditions to prevent annoyance, embarrassment, oppression, or undue burden or expense.
What is an IME in an Indiana personal injury case?
Indiana Trial Rule 26 lists a physical or mental examination as one available method of civil discovery.
The more specific authority is Indiana Trial Rule 35[1]. It allows the court handling the lawsuit to order an examination by a suitably licensed or certified examiner when a party’s physical or mental condition is in controversy.
For context, Rule 26(A)(4)[2] lists physical and mental examinations as a discovery method. Think of this appointment as part of the evidence-gathering process described in the rule; clarify its purpose with your attorney rather than assuming it is a regular care appointment.
What must happen before a court orders the examination?
Under Rule 35, the requesting party must file a motion, show good cause, and give notice to the person to be examined and all parties. See Rule 35(A)[1].
The court’s order must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will conduct it. See Rule 35(A)[1].
Those details matter. They define the authorized examination and give the parties a concrete basis for resolving disagreements about location, timing, testing, or subject matter.
| Item to verify | Why it matters |
|---|---|
| Legal basis | Rule 35 requires a motion, good cause, and notice before a court orders an examination. |
| Examiner | The court may select a suitably licensed or certified examiner. |
| Scope | The order must state the examination’s scope, manner, and conditions. |
| Logistics | The order must state the time and place of the examination. |
| Report | When properly requested, the examining side must provide a detailed written report containing findings, test results, diagnoses, and conclusions. |
If you are still deciding whether litigation makes sense, the broader guide to evaluating an Indiana personal injury lawsuit explains how evidence, fault, insurance, and practical goals fit together.
How should you prepare for an IME?
Start with the written request, agreement, or court order. Compare its stated time, place, examiner, conditions, and scope with the appointment notice. Send any mismatch to your attorney rather than trying to negotiate it at the appointment.
Practical preparation checklist
- Keep the appointment notice and any instructions together.
- Confirm the address, arrival time, parking, and expected duration.
- Ask your attorney what records or imaging, if any, you should bring.
- Review your own timeline so you can answer accurately without guessing.
- Make a current list of medications, clinicians, and relevant appointments from your records.
- Ask your attorney in advance about any proposed forms, questionnaires, recording, or observers.
Consistency matters, but that does not mean memorizing a script. Use ordinary language, distinguish what you remember from what you do not, and avoid estimates when you genuinely do not know.
What should you do during the examination?
Be calm, courteous, and accurate. Listen to each question, answer only what you understand, and say when you do not remember. Do not minimize what you experience, and do not exaggerate it.
If a movement or task raises a concern, explain the concern in plain language instead of silently pushing through it. The appointment is not the place to debate the lawsuit or argue about fault.
Do not assume every proposed activity is necessarily within the authorized scope. If an unexpected dispute arises, ask for clarification and contact your attorney when that can be done without creating a confrontation.
For a broader look at records used to connect an incident, injuries, and losses, see the firm’s guide to evidence in an Indiana car-accident claim. You can also review the Fort Wayne personal injury practice page for an overview of the firm’s injury work.
Can you obtain the examiner’s report?
Yes. If the examined person or the party against whom the Rule 35 order was entered requests it, the party that arranged the examination must provide a detailed written report.
The report must set out the examiner’s findings, including the results of all tests, diagnoses, and conclusions, along with comparable reports from earlier examinations of the same condition. See Rule 35(B)(1)[1].
After delivering the report, the party that caused the examination is entitled, upon request, to receive from the party against whom the order was made a like report of any earlier or later examination of the same condition. For a nonparty’s examination report, the rule includes an exception if that party shows an inability to obtain it. Rule 35(B)(1)[1] describes that exchange.
Discuss privilege before requesting the report or deposing the examiner. Under Rule 35(B)(2)[1], the party examined waives any privilege that party may have regarding the testimony of every other person who has examined or later examines that party about the same mental or physical condition. The waiver is triggered by requesting and obtaining the ordered examination report, or by taking the examiner’s deposition. It applies in that action and any other action involving the same controversy. This is not a statement that every privilege about every medical issue is waived.
Under Rule 35(B)(3)[1], the report provisions also apply to examinations arranged by agreement unless the agreement expressly provides otherwise. The subdivision does not foreclose obtaining reports or examiner depositions under another rule.
Review the report with your attorney. Organize any factual errors, missing history, misunderstood answers, or differences between the report and your existing records. A disagreement is more useful when it identifies the exact statement and the document that may clarify it.
What should you record afterward?
- The arrival and departure times.
- The names of people present.
- The questions, tests, or movements you remember.
- Any paperwork you were asked to complete or sign.
- Any departure from the written appointment instructions.
Write your notes promptly and preserve them for your attorney. Keep the account factual and avoid posting about the examination online.
What if the requested examination seems too broad or burdensome?
Indiana Trial Rule 26[2] allows a party or the person from whom discovery is sought to request a protective order for good cause.
A protective order may prohibit discovery, impose terms and conditions, use a different discovery method, limit the matters examined, or restrict who may be present. See Rule 26(C)(1)-(2)[2].
Before filing a motion to compel, a protective-order motion, or another motion to enforce, modify, or limit discovery, Rule 26(F)[2] requires a reasonable effort to reach agreement with the opposing party and a statement in the motion documenting that effort. A court may deny a discovery motion for failure to comply.
Ignoring the examination is not a safe way to raise an objection. Indiana Trial Rule 37(B)(2)[3] authorizes sanctions for failure to obey a discovery order, expressly including a Rule 35 order. Depending on the circumstances, those sanctions may affect evidence or claims and may include expenses. Rule 37(B)(2)(d) excludes an order to submit to a Rule 35 examination from that paragraph’s contempt remedy; that exception does not eliminate the other sanctions.
Talk with your lawyer before the appointment if you dispute the examiner, scope, conditions, location, or timing. Your lawyer can compare the request with the governing order and decide whether an agreement, clarification, or court motion is appropriate.
How may the examination affect the lawsuit?
Under Rule 26(B)(4)(a)(i)[2], interrogatories may ask a party to identify expected expert witnesses, their subject matter, the substance of their expected facts and opinions, and a summary of the grounds for each opinion.
As a practical review step, identify the report’s exact conclusions and discuss their basis with your lawyer. Bring the documents that help explain any disputed history or answer; do not assume that disagreement alone establishes an error.
If the case arose from a vehicle collision, the Fort Wayne car-accident practice guide addresses the larger claim process. For the surrounding process, see what happens during discovery in an Indiana injury lawsuit.
Frequently Asked Questions
Do I have to attend an Indiana independent medical examination?
If the court has entered a valid Rule 35 order, failing to obey it may expose a party to remedies under Indiana’s discovery-sanction rule. See Rule 37(B)(2)[3].
Who chooses the examiner?
The Rule 35 order must identify the person or persons who will conduct the examination, and the examiner must be suitably licensed or certified.
Can I get a copy of the IME report?
Yes. Upon a proper request, Rule 35 requires the party that arranged the examination to provide the examined person or affected party with the detailed written report.
Can the scope of an IME be limited?
Yes. The Rule 35 order must state the examination’s scope and conditions, and Rule 26 permits protective orders that can limit discovery or impose terms.
What is the purpose of a Rule 35 examination?
Rule 26(A)(4) identifies physical and mental examinations as a discovery method. Rule 35 addresses examination of a condition that is in controversy in the pending case. Ask your attorney to explain the particular appointment’s purpose and scope.
If you received an examination request in an Indiana injury lawsuit and want help understanding the proposed scope, report process, or next step, you can request a free consultation with Delventhal Law Office.
This article is general information about Indiana law and is not legal advice. Reading it does not create an attorney-client relationship, and neither does contacting us.
