SECTIONS 2032.210-2032.260 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2032.210-2032.260

2032.210. As used in this article, "plaintiff" includes a
cross-complainant, and "defendant" includes a cross-defendant.

2032.220. (a) In any case in which a plaintiff is seeking recovery
for personal injuries, any defendant may demand one physical
examination of the plaintiff, if both of the following conditions are
satisfied:
(1) The examination does not include any diagnostic test or
procedure that is painful, protracted, or intrusive.
(2) The examination is conducted at a location within 75 miles of
the residence of the examinee.
(b) A defendant may make a demand under this article without leave
of court after that defendant has been served or has appeared in the
action, whichever occurs first.
(c) A demand under subdivision (a) shall specify the time, place,
manner, conditions, scope, and nature of the examination, as well as
the identity and the specialty, if any, of the physician who will
perform the examination.
(d) A physical examination demanded under subdivision (a) shall be
scheduled for a date that is at least 30 days after service of the
demand. On motion of the party demanding the examination, the court
may shorten this time.
(e) The defendant shall serve a copy of the demand under
subdivision (a) on the plaintiff and on all other parties who have
appeared in the action.

2032.230. (a) The plaintiff to whom a demand for a physical
examination under this article is directed shall respond to the
demand by a written statement that the examinee will comply with the
demand as stated, will comply with the demand as specifically
modified by the plaintiff, or will refuse, for reasons specified in
the response, to submit to the demanded physical examination.
(b) Within 20 days after service of the demand the plaintiff to
whom the demand is directed shall serve the original of the response
to it on the defendant making the demand, and a copy of the response
on all other parties who have appeared in the action. On motion of
the defendant making the demand, the court may shorten the time for
response. On motion of the plaintiff to whom the demand is directed,
the court may extend the time for response.

2032.240. (a) If a plaintiff to whom a demand for a physical
examination under this article is directed fails to serve a timely
response to it, that plaintiff waives any objection to the demand.
The court, on motion, may relieve that plaintiff from this waiver on
its determination that both of the following conditions are
satisfied:
(1) The plaintiff has subsequently served a response that is in
substantial compliance with Section 2032.230.
(2) The plaintiff's failure to serve a timely response was the
result of mistake, inadvertence, or excusable neglect.
(b) The defendant may move for an order compelling response and
compliance with a demand for a physical examination.
(c) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to compel
response and compliance with a demand for a physical examination,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
(d) If a plaintiff then fails to obey the order compelling
response and compliance, the court may make those orders that are
just, including the imposition of an issue sanction, an evidence
sanction, or a terminating sanction under Chapter 7 (commencing with
Section 2023.010). In lieu of or in addition to that sanction the
court may impose a monetary sanction under Chapter 7 (commencing with
Section 2023.010).

2032.250. (a) If a defendant who has demanded a physical
examination under this article, on receipt of the plaintiff's
response to that demand, deems that any modification of the demand,
or any refusal to submit to the physical examination is unwarranted,
that defendant may move for an order compelling compliance with the
demand. This motion shall be accompanied by a meet and confer
declaration under Section 2016.040.
(b) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to compel
compliance with a demand for a physical examination, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust.

2032.260. (a) The demand for a physical examination under this
article and the response to it shall not be filed with the court.
(b) The defendant shall retain both the original of the demand,
with the original proof of service affixed to it, and the original
response until six months after final disposition of the action. At
that time, the original may be destroyed, unless the court, on motion
of any party and for good cause shown, orders that the originals be
preserved for a longer period.