The phrase “independent medical examination” sounds reassuringly neutral. In a personal injury lawsuit, however, the doctor or psychologist usually did not enter the case as your treating provider. The examination was requested by another party, often the defense, to evaluate a condition you placed in dispute.
That does not make the examiner dishonest. It does mean the appointment has a legal purpose, is not ordinary treatment, and should not be approached like an annual physical.
Arizona Rule of Civil Procedure 35 governs these examinations in state-court civil cases. The rule changed effective January 1, 2024, so older internet articles may omit important Arizona-specific rights and deadlines.
When a party’s physical or mental condition is in controversy, another party may request an examination by a physician or psychologist. The examination might concern orthopedic limitations, neurological symptoms, psychological injuries, future treatment, or whether reported symptoms match objective findings.
The examiner may review records, ask about the event and symptoms, perform tests, measure movement, or evaluate mental functioning. The precise scope should be stated in advance.
This is different from an insurer’s request during an early claim before a lawsuit is filed. Contracts, policy provisions, and other rules may govern pre-suit insurance examinations. Rule 35 specifically addresses examinations within a pending Arizona civil action.
If a request arrives, do not ignore it and do not respond casually on your own. Send it to your lawyer. A personal injury lawyer in Phoenix, Arizona can compare the request with the pleadings, medical issues, deadlines, and current Arizona rules.
Under the current text of Rule 35, the requesting party must provide written notice to all other parties at least 30 days before the examination. The notice must identify:
Details matter. “Show up and let our doctor examine everything” is not the level of specificity contemplated by the rule.
Arizona Rule 35 states that the person being examined may have a representative present unless that person’s presence may adversely affect the examination’s outcome.
If the examinee wants a representative present, written notice must be served on the other parties at least 15 days before the examination. The notice must name the representative and state that person’s relationship to the examinee.
The right is meaningful, but it is not an invitation to bring a cheering section. Counsel should decide who, if anyone, is appropriate and comply with the notice requirement.
The rule permits any party to audio- or video-record an examination unless recording may adversely affect its outcome. A person other than the representative may make the recording.
When the examinee or a non-requesting party wants to record, that party must give written notice at least 15 days before the examination. The notice must identify the recording method and the person or entity making it. A copy of a recording must be provided to another party upon request.
Do not quietly start a phone recording in your pocket. Recording should be planned with counsel and handled under the rule.
Rule 35 allows objections to the examination itself or to its time, place, manner, conditions, scope, examiner, representative, or recording method. The objection is made by filing a motion under Rule 26(c). A court may order the examination to proceed as noticed or impose different conditions upon a showing of good cause.
Possible disputes may concern an examination far from the claimant’s home, testing unrelated to the condition at issue, an examiner’s qualifications, repeated examinations, safety, accessibility, or recording arrangements. An objection must have a legal and factual basis. Disliking the request is not enough.
Skipping the appointment without following the objection procedure can cause serious harm. If a person fails to attend a properly noticed or ordered examination and has not filed an objection, the court may impose just orders, including consequences available under Rule 37.
If illness, transportation trouble, or an emergency affects attendance, contact counsel immediately. Silence is the worst messenger.
Preparation means being accurate and organized—not memorizing a performance.
Before the examination:
During the appointment, answer the question asked. Do not guess. “I don’t remember” is accurate when you truly do not remember. Avoid absolutes such as “I never lift anything” if you occasionally lift a light grocery bag with difficulty.
Observation may begin before a formal test starts. The examiner may note gait, posture, how the person sits, use of a mobility aid, apparent effort, and consistency across tasks. That is another reason to behave normally rather than trying to look injured.
An examination is also not a treatment relationship in the ordinary sense. Do not assume the conversation is confidential from the parties. The examiner may report statements, test results, diagnoses, and conclusions.
Afterward, write a factual note for counsel while memory is fresh: arrival and departure times, people present, tests performed, questions that seemed outside the stated scope, pain caused by a maneuver, breaks, and unusual events. Avoid embellishment. A two-page accurate account is more useful than a ten-page thunderstorm.
Yes, through the procedure in Rule 35. If requested by the examined person or party, within 20 days of the examination the examiner must prepare—and the requesting party must produce—a written report detailing findings, diagnoses, conclusions, and test results. The requesting party must also produce specified materials connected with the examination and like reports of earlier examinations involving the same condition.
The exchange has consequences. Rule 35 also addresses the examining party’s access to like reports and waiver of privilege after the examined person requests and obtains the report or deposes the examiner. Counsel should manage that decision rather than treating the report request as a routine customer-service email.
“Independent medical examination” is common shorthand, but Arizona’s rule calls it a physical or mental examination. The examiner is not the claimant’s treating provider and is commonly selected or requested by another party. Evaluate the opinion based on qualifications, methods, facts, and reasoning—not the label alone.
Some history may be relevant, but the announced scope and the condition in controversy matter. Ask counsel beforehand how to handle questions that appear unrelated or seek legal admissions.
Only bring what counsel advises. The parties often arrange record delivery. An unplanned stack may be incomplete and create confusion.
Tell the examiner truthfully about pain or safety concerns and do not use force against your body. The proper response depends on the test and scope. Discuss foreseeable concerns with counsel before the appointment and document what occurred afterward.
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