Illinois Supreme Court Rule 215 lets either side in a civil lawsuit ask the court to order the opposing party to submit to a physical or mental examination by a licensed professional, once that party’s health has been put in dispute. The rule spells out how the exam is requested, who pays, when the examiner’s report must be delivered, and what happens if a party refuses to cooperate.
When Rule 215 Applies
The rule reaches any civil case in which a party’s physical or mental condition is “in controversy.” Personal injury lawsuits are the most familiar example, but the rule also covers emotional distress claims, traumatic brain injury cases, and any other dispute where medical status matters to the outcome. It applies to a person in a party’s custody or legal control too, which matters in cases involving children or dependents.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
Two features of the current rule surprise people who remember older versions. First, the requesting party no longer has to show “good cause.” The condition simply has to be in controversy, and the motion has to come within a reasonable time before trial. Second, examinations are not limited to physicians. The rule allows any “licensed professional in a discipline related to the physical or mental condition which is involved,” which brings in psychologists, vocational rehabilitation specialists, and other qualified practitioners.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
Rule 215 is not a one-way street. Defendants most often use it to examine plaintiffs, but a plaintiff can move to examine a defendant whose own physical or mental condition is genuinely at issue in the case.2Illinois State Bar Association. Can a Defendant Be Compelled to Submit to a Rule 215 Physical or Mental Examination
How the Exam Gets Ordered
The party who wants the exam files a motion. The motion has to name the proposed examiner and identify that person’s specialty or discipline. A generic request for “a medical exam” won’t do. Timing matters as well: a motion filed too close to trial is likely to be denied.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
If the court approves the exam, it issues an order fixing the time, place, conditions, scope, and identity of the examiner. Those details set the boundaries of what the examiner is allowed to do, so an examiner who strays outside them gives the other side grounds to object. If the court rejects the proposed examiner, the requesting party gets a chance to suggest someone else.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
The rule also protects you from being sent unreasonably far for the appointment. If qualified professionals practice nearby, a request that would send you three hours across the state can be denied or modified.
Who Pays
The requesting party pays. Under Rule 215(b), that side covers the examiner’s fee, reimburses the examined party for earnings lost while attending, and advances the reasonable expenses of complying with the order, including travel costs. The examined party is not out of pocket for complying with an order they didn’t ask for, and the cost rule discourages fishing-expedition requests.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
The 21-Day Report and the Exclusion Remedy
Within 21 days after the examination, the examiner has to prepare and deliver a written report to both sides’ attorneys. The report must include the examiner’s findings, the results of every test performed, and the diagnosis and conclusions.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
Miss that deadline and the consequences are steep. If the examiner fails to deliver the report to the examined party’s attorney on time, the examiner’s report, testimony, findings, X-rays, and test results are all excluded from evidence. The one exception is that the examined party can still choose to introduce that evidence. That gives the examined side real leverage if the requesting side sits on the results.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
The rule is explicit that a Rule 215 examiner is not a “consultant.” Consultant opinions sometimes stay shielded from disclosure. A Rule 215 examiner’s findings do not. Once the report is timely delivered, either side can use it.
Court-Appointed Impartial Examiner Under 215(d)
Rule 215(d) opens a separate track. When conflicting medical testimony, reports, or other documentation has been offered and the party’s condition is still genuinely in dispute, the court can order an impartial examination on its own or on a party’s motion. The examiner comes from a panel of physicians selected for their special qualifications by the Administrative Office of the Illinois Courts. Because neither side picked the examiner, the opinion tends to carry extra weight with judges and juries, and 215(d) usually surfaces in complex cases where the parties’ experts have squared off with sharply different conclusions.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons
What Happens If You Refuse
Rule 215 itself doesn’t list penalties. Sanctions for refusing to comply with the order come through Illinois Supreme Court Rule 219, which governs failures to comply with discovery-related orders. Available sanctions include:
- Staying the proceedings until you comply with the examination order.
- Barring you from pursuing any claim or defense related to the medical issue you refused to have examined.
- Barring your own medical witnesses from testifying about the disputed condition.
- Entering default judgment against you or dismissing your lawsuit outright.
- Ordering you or your attorney to pay the other side’s reasonable expenses caused by the noncompliance, including attorney fees.
- Initiating contempt proceedings for willful violations.
The sanctions apply to plaintiffs and defendants alike. A plaintiff who refuses risks having injury claims stricken or the case dismissed. A defendant who refuses risks a default judgment on the medical issues in dispute.3Supreme Court of Illinois. Illinois Supreme Court Rule 219 – Consequences of Refusal to Comply With Rules or Order Relating to Discovery, Requests for Admission, and Pretrial Procedure
Recurring Disputes Over Examiner, Scope, and Use of the Report
The choice of examiner is the most frequent fight under Rule 215. Common objections are that the proposed examiner consistently favors one side in litigation, lacks the right specialty for the condition, or has a financial relationship with the requesting law firm. The court can reject the proposal and ask for alternatives, so the challenge is worth raising when neutrality is questionable.
The scope of the exam is the second recurring fight. A plaintiff with a claimed knee injury may object to an order that would authorize a full neurological workup. A defendant may argue that the plaintiff’s complaints call for broader testing. The court balances thoroughness against the examined party’s right not to face an invasive or irrelevant evaluation, and the order fixes the limits.
The last common issue is how the report gets used. If it helps the requesting side, that side will disclose the examiner as a controlled expert under Illinois discovery rules and call the examiner at trial.1Supreme Court of Illinois. Illinois Supreme Court Rule 215 – Physical and Mental Examination of Parties and Other Persons If the report is unfavorable, the requesting party may decline to call the examiner. The examined party still has full access to the report and can use it, because the examiner is not classified as a consultant. That is the built-in risk of asking for a Rule 215 exam in the first place: the results might end up helping the other side.