If you have an injury lawsuit in Las Vegas or anywhere in Nevada, the defense can ask the court to send you to a doctor of their choosing. A 2023 state law said you could record that exam and bring your lawyer. In May 2026, the Nevada Supreme Court ruled that law doesn’t control exams ordered during a lawsuit.
This guide explains what changed, what you can still ask for, and how to prepare.
Quick Answer: Can You Record a Court-Ordered Medical Exam in Nevada?
Not automatically. In Powers v. Eighth Judicial District Court (May 14, 2026), the Nevada Supreme Court held that NRS 629.620 can’t override Nevada Rule of Civil Procedure 35 (NRCP 35) for exams ordered during a lawsuit. Recording now requires a court order based on good cause.
- Recording any court-ordered exam requires good cause.
- At a physical exam, you can ask for one observer, but not your lawyer or anyone on their staff.
- At a neuropsychological, psychological, or psychiatric exam, no observer is allowed without good cause.
- An interpreter requires proof of real need.
- Your lawyer can get raw neuropsychological test data under a protective order.
- Exams before a lawsuit, UM/UIM exams, and workers’ comp exams are undecided.
Watch: What the Powers Decision Means for Your Nevada Medical Exam
In this video, we explain why the Court struck the law down, what it means for your exam, and the win for injury victims that got little attention.
Below, we go further: what’s allowed now, what “good cause” looks like, and how to prepare.
What Is an IME or DME in a Nevada Injury Case?
An IME is a medical exam by a doctor the defense picks to check the injuries you claim. Insurers call it an “independent medical exam” (IME). Injury lawyers often call it a “defense medical exam” (DME) because the defense hires and pays the doctor. Same exam, different label.
In a lawsuit, the defense asks the court to order the exam under NRCP 35. The doctor’s report may be what a jury reads about your injuries.
What Did the Nevada Supreme Court Decide in Powers?
The Court held NRS 629.620 unconstitutional and ineffective to the extent it conflicts with NRCP 35 for exams in civil lawsuits.
The case came from a car crash. The plaintiff claimed a traumatic brain injury and sought nearly $2 million. Both sides agreed to a neuropsychological exam but fought over the conditions. The trial judge denied an in-person observer but allowed an audio recording, an interpreter, and release of raw test data to the plaintiff’s lawyer. The full Supreme Court threw out the recording and interpreter and kept the raw data order.
The Court found three conflicts:
- Recording. The statute allowed audio, stenographic, or video recording. NRCP 35 requires good cause even for audio.
- Mental exam observers. The statute allowed an observer at any exam. NRCP 35 bars them at neuropsychological, psychological, and psychiatric exams without good cause.
- Attorney observers. The statute let your lawyer observe. NRCP 35 bans your lawyer and their staff.
Why Did the Court Strike Down NRS 629.620?
Under Nevada’s separation of powers, the Supreme Court, not the Legislature, sets court procedure. When a procedural statute conflicts with a court rule, the rule wins.
The Legislature framed these protections as a right to “bodily autonomy” and added a right to sue. The Court said observers and recordings are still procedural, and judges already have other remedies under the law, like protective orders, stays, and fee sanctions.
Has the Court Done This Before?
Yes. In Lyft, Inc. v. Eighth Judicial District Court (2021), it struck down NRS 52.380 for the same reason. The Legislature’s answer to Lyft was NRS 629.620. It still failed.
What Can You Still Ask For at a Court-Ordered Exam in Nevada?
You can still ask for protections, but most need a judge’s order before the exam.
| Protection | Under NRCP 35 |
|---|---|
| Audio recording | Court order based on good cause |
| One observer at a physical exam | Generally yes, if you request it and name the person |
| Observer at a mental exam | Only with good cause |
| Your lawyer or their staff as observer | No |
| Interpreter | Only with proof of real need |
| Raw neuropsychological test data | Can be released to your lawyer under a protective order |
What Counts as “Good Cause” to Record an IME in Nevada?
Good cause is a specific, provable reason tied to you and your exam. A general worry that the doctor might be unfair is not enough. The Court said recording should be the exception.
Situations that can qualify are rare, such as:
- Serious mental health history or major memory loss, so you couldn’t tell your lawyer what happened.
- Evidence the examiner has been abusive or ignored court-ordered conditions.
- Serious communication limits from education level, English language difficulty, or impaired memory or thinking.
A recording also can’t be a “compromise” for a denied observer. Each needs its own showing. Whoever asks for a recording arranges and pays for it.
What Did Injury Victims Win in the Powers Decision?
The Court ruled that your lawyer can get the raw test data from a defense neuropsychological exam under a protective order.
The defense expert wanted to share the data only with another neuropsychologist. More than 100 neuropsychologists, almost all in California, signed statements saying they’d refuse exams under orders like this. The Court wasn’t persuaded. Like any paid expert, neuropsychologists must follow discovery rules and court orders. You don’t have to hire your own neuropsychologist to see the data. And 100 signatures don’t speak for a profession with 730 members in California alone.
This came from Nevada’s existing discovery rule, NRCP 16.1, not the struck-down statute. Later in 2026, in Davis v. Eighth Judicial District Court, the Court held that a state psychology board rule can’t block a court-ordered release.
Without raw data, your lawyer can’t check how tests were scored or find errors for cross-examination.
Does the Powers Ruling Apply to Exams Outside a Lawsuit?
Not directly. Powers covers exams ordered during civil lawsuits. It didn’t decide:
- Exams an insurer demands before you file suit
- UM/UIM (uninsured/underinsured motorist) exams under your own policy
- Workers’ compensation exams
Don’t assume either way. Ask your lawyer which rules apply.
How Should You Prepare for a Defense Medical Exam in Nevada?
Start early. You have to request and win protections before the exam. Once a harmful report is in the file, it’s hard to undo.
- Tell your lawyer right away when you get notice of an exam.
- Ask whether they’ll seek good-cause conditions, like recording or an observer.
- Document your needs. Back up memory, cognitive, or language problems with your providers’ records.
- Look into the examiner. Complaints and past depositions can support a motion.
- Pick your observer for a physical exam, someone outside your lawyer’s office, and name them in advance.
- Write notes right after: how long it took, what tests, what you were asked.
- Request the raw data after a neuropsychological exam.
Example: two weeks out, your lawyer finds a prior deposition where the doctor’s numbers didn’t add up, files a motion, and gets a ruling before you walk in.
Common Mistakes to Avoid
- Assuming the 2023 law still protects you. NRCP 35 controls in lawsuits.
- Waiting until after the exam. Good cause must be shown beforehand.
- Relying on general distrust. “This doctor always sides with insurers” isn’t good cause without facts.
- Bringing the wrong observer. Not your lawyer, a paralegal, or anyone on their staff.
- Skipping the raw data request after a neuropsychological exam.
- Assuming Powers covers every exam. Pre-suit, UM/UIM, and workers’ comp exams are open questions.
Frequently Asked Questions
Can I record my IME in Nevada?
Not automatically if the exam is ordered in a lawsuit. After Powers v. Eighth Judicial District Court (2026), NRCP 35 controls. A judge may allow audio recording only for good cause, such as serious memory loss or evidence the examiner has ignored court orders. A general fear that the doctor might misreport the exam isn’t enough.
Can my lawyer attend my IME in Nevada?
No. NRCP 35 bars your attorney, and anyone employed by your attorney, from observing a court-ordered exam. NRS 629.620 tried to allow attorney observers, but the Nevada Supreme Court held that it cannot override NRCP 35 in civil lawsuits. Your lawyer’s job is to fight for fair exam conditions before the exam.
Can I bring someone with me to a defense medical exam?
For a physical exam, generally yes. You can request one observer if you name them and state their relationship to you, and they aren’t your lawyer or a member of your lawyer’s staff. For neuropsychological, psychological, or psychiatric exams, no observer is allowed unless the court finds good cause.
What is NRS 629.620?
NRS 629.620 is a 2023 Nevada law giving people rights at required medical exams, including recording, an observer of their choice, and an interpreter. In May 2026, the Nevada Supreme Court held that it has no effect where it conflicts with NRCP 35 in civil lawsuits. Its effect in other settings is unresolved.
Can my lawyer get the raw data from a neuropsychological exam?
Yes, if the court orders it. In Powers, the Nevada Supreme Court upheld an order releasing raw test data to the plaintiff’s attorney under a protective order. You don’t have to hire your own neuropsychologist to see it. A later 2026 decision held that a state psychology board rule can’t block that release.
Can I refuse a court-ordered IME in Nevada?
Refusing a court-ordered exam can lead to sanctions that hurt your case. The better route is to have your lawyer challenge unfair conditions before the exam. Your lawyer can ask the court for protections like an observer or a recording when the facts support good cause.
