SECTIONS 2032.610-2032.650 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2032.610-2032.650

2032.610. (a) If a party submits to, or produces another for, a
physical or mental examination in compliance with a demand under
Article 2 (commencing with Section 2032.210), an order of court under
Article 3 (commencing with Section 2032.310), or an agreement under
Section 2016.030, that party has the option of making a written
demand that the party at whose instance the examination was made
deliver both of the following to the demanding party:
(1) A copy of a detailed written report setting out the history,
examinations, findings, including the results of all tests made,
diagnoses, prognoses, and conclusions of the examiner.
(2) A copy of reports of all earlier examinations of the same
condition of the examinee made by that or any other examiner.
(b) If the option under subdivision (a) is exercised, a copy of
the requested reports shall be delivered within 30 days after service
of the demand, or within 15 days of trial, whichever is earlier.
(c) In the circumstances described in subdivision (a), the
protection for work product under Chapter 4 (commencing with Section
2018.010) is waived, both for the examiner's writings and reports and
to the taking of the examiner's testimony.

2032.620. (a) If the party at whose instance an examination was
made fails to make a timely delivery of the reports demanded under
Section 2032.610, the demanding party may move for an order
compelling their delivery. 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
delivery of medical reports 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.
(c) If a party then fails to obey an order compelling delivery of
demanded medical reports, 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 those sanctions, the
court may impose a monetary sanction under Chapter 7 (commencing with
Section 2023.010). The court shall exclude at trial the testimony of
any examiner whose report has not been provided by a party.

2032.630. By demanding and obtaining a report of a physical or
mental examination under Section 2032.610 or 2032.620, or by taking
the deposition of the examiner, other than under Article 3
(commencing with Section 2034.410) of Chapter 18, the party who
submitted to, or produced another for, a physical or mental
examination waives in the pending action, and in any other action
involving the same controversy, any privilege, as well as any
protection for work product under Chapter 4 (commencing with Section
2018.010), that the party or other examinee may have regarding
reports and writings as well as the testimony of every other
physician, psychologist, or licensed health care practitioner who has
examined or may thereafter examine the party or other examinee in
respect of the same physical or mental condition.

2032.640. A party receiving a demand for a report under Section
2032.610 is entitled at the time of compliance to receive in exchange
a copy of any existing written report of any examination of the same
condition by any other physician, psychologist, or licensed health
care practitioner. In addition, that party is entitled to receive
promptly any later report of any previous or subsequent examination
of the same condition, by any physician, psychologist, or licensed
health care practitioner.

2032.650. (a) If a party who has demanded and received delivery of
medical reports under Section 2032.610 fails to deliver existing or
later reports of previous or subsequent examinations under Section
2032.640, a party who has complied with Section 2032.610 may move for
an order compelling delivery of medical reports. 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
delivery of medical reports 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.
(c) If a party then fails to obey an order compelling delivery of
medical reports, 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 the sanction, the court may
impose a monetary sanction under Chapter 7 (commencing with Section
2023.010). The court shall exclude at trial the testimony of any
health care practitioner whose report has not been provided by a
party ordered to do so by the court.