SECTIONS 2032.510-2032.530 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2032.510-2032.530

2032.510. (a) The attorney for the examinee or for a party
producing the examinee, or that attorney's representative, shall be
permitted to attend and observe any physical examination conducted
for discovery purposes, and to record stenographically or by audio
technology any words spoken to or by the examinee during any phase of
the examination.
(b) The observer under subdivision (a) may monitor the
examination, but shall not participate in or disrupt it.
(c) If an attorney's representative is to serve as the observer,
the representative shall be authorized to so act by a writing
subscribed by the attorney which identifies the representative.
(d) If in the judgment of the observer the examiner becomes
abusive to the examinee or undertakes to engage in unauthorized
diagnostic tests and procedures, the observer may suspend it to
enable the party being examined or producing the examinee to make a
motion for a protective order.
(e) If the observer begins to participate in or disrupt the
examination, the person conducting the physical examination may
suspend the examination to enable the party at whose instance it is
being conducted to move for a protective order.
(f) 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 for a
protective order under this section, 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.

2032.520. If an examinee submits or authorizes access to X-rays of
any area of his or her body for inspection by the examining
physician, no additional X-rays of that area may be taken by the
examining physician except with consent of the examinee or on order
of the court for good cause shown.

2032.530. (a) The examiner and examinee shall have the right to
record a mental examination by audio technology.
(b) Nothing in this title shall be construed to alter, amend, or
affect existing case law with respect to the presence of the attorney
for the examinee or other persons during the examination by
agreement or court order.