The Presence of Third Parties at Rule 35 Examination

This article examines the legal and procedural considerations surrounding the presence of third parties during Rule 35 examinations, which are independent medical examinations conducted during litigation. It discusses the diverging approaches among U.S. courts, with some allowing the presence of attorneys or other representatives and others excluding them to maintain the impartiality and integrity of the examination. The paper highlights key case law, evaluates arguments from both plaintiffs and defendants, and explores the implications of third-party presence for fairness, privacy, and evidentiary reliability. The article ultimately advocates for a balanced approach that considers the rights of the examinee without compromising the examination’s objectivity.