SECTIONS 2032.310-2032.320 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2032.310-2032.320

2032.310. (a) If any party desires to obtain discovery by a
physical examination other than that described in Article 2
(commencing with Section 2032.210), or by a mental examination, the
party shall obtain leave of court.
(b) A motion for an examination 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 person or persons who will perform the examination. The motion
shall be accompanied by a meet and confer declaration under Section
2016.040.
(c) Notice of the motion shall be served on the person to be
examined and on all parties who have appeared in the action.

2032.320. (a) The court shall grant a motion for a physical or
mental examination under Section 2032.310 only for good cause shown.
(b) If a party stipulates as provided in subdivision (c), the
court shall not order a mental examination of a person for whose
personal injuries a recovery is being sought except on a showing of
exceptional circumstances.
(c) A stipulation by a party under this subdivision shall include
both of the following:
(1) A stipulation that no claim is being made for mental and
emotional distress over and above that usually associated with the
physical injuries claimed.
(2) A stipulation that no expert testimony regarding this usual
mental and emotional distress will be presented at trial in support
of the claim for damages.
(d) An order granting a physical or mental examination shall
specify the person or persons who may perform the examination, as
well as the time, place, manner, diagnostic tests and procedures,
conditions, scope, and nature of the examination.
(e) If the place of the examination is more than 75 miles from the
residence of the person to be examined, an order to submit to it
shall be entered only if both of the following conditions are
satisfied:
(1) The court determines that there is good cause for the travel
involved.
(2) The order is conditioned on the advancement by the moving
party of the reasonable expenses and costs to the examinee for travel
to the place of examination.