§35.4 Comparison with Federal Rule

• Jurisdiction: Washington

§35.4 COMPARISON WITH FEDERAL RULE

From 1972 until 1991, CR 35 and Fed. R. Civ. P. 35 were substantially identical. In 1991, the federal rule was amended. In 1993 and 2001, CR 35 was amended, and the amendments have resulted in several significant differences between the rules.

The 1991 amendments to the federal rule expand the group of persons who can perform examinations to include any "suitably licensed or certified examiner." Washington's rule, on the other hand, adheres to the pre-1991 language of the federa l rule, allowing examinations only by "physicians" or "psychologists."

The 1993 amendments to CR 35 also incorporate several provisions not found in the federal rule. For example, the state rule specifically authorizes a representative of the party being examined to be present at the examination. The examined party may also "make an audiotape recording of the examination, which shall be made in an unobtrusive manner." CR 35(a)(3). The state rule requires that the examiner's report...