How does Rule 35 affect motions to compel?

How does Rule 35 affect motions to compel?

• A. Examinations allow bypassing the motion to compel and go straight to sanctions due to a court order for the medical exam
• B. Examinations require an independent motion
• C. Examinations are prohibited in discovery
• D. Examinations must be kept confidential

Answer: (A)

Rule 35 gives the court power to order a party to undergo a physical or mental examination when the party’s condition is at issue. To get that order, a party files a motion under Rule 35. If the party ordered to undergo the exam refuses, the court can enforce the order and impose sanctions for noncompliance under Rule 37. In other words, once there’s a court-ordered examination, you can move directly to sanctions for not complying with that order rather than needing a separate new motion to compel the exam itself. This is how Rule 35 affects enforcement: it creates a pathway to sanctions for noncompliance with an inspection order, rather than requiring a fresh motion every time.

Rule 35 gives the court power to order a party to undergo a physical or mental examination when the party’s condition is at issue. To get that order, a party files a motion under Rule 35. If the party ordered to undergo the exam refuses, the court can enforce the order and impose sanctions for noncompliance under Rule 37. In other words, once there’s a court-ordered examination, you can move directly to sanctions for not complying with that order rather than needing a separate new motion to compel the exam itself. This is how Rule 35 affects enforcement: it creates a pathway to sanctions for noncompliance with an inspection order, rather than requiring a fresh motion every time.