Physical or Mental Exams in Civil Discovery

Code of Civil Procedure Part 4, Title 4, Chapter 15 deals with physical or mental examination under the Civil Discovery Act.

Article 1 specifies general provisions. Section 2032.010 provides that this chapter does not affect genetic testing under the Family Code.

Section 2032.020 says that any party may obtain discovery, subject to specified restrictions, by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action.

Article 2 deals with the physical examination of a personal injury plaintiff. Section 2032.210 defines the term “plaintiff.”

Section 2032.220 provides that, 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 specified conditions are satisfied. A physical examination demanded mustbe 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.

Section 2032.230 specifies that the plaintiff to whom a demand for a physical examination under this article is directed must 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.

Section 2032.240 says that, 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 specified conditions are satisfied.

Section 2032.250 states that, 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.

Section 2032.260 provides that the demand for a physical examination under this article and the response to it is not to be filed with the court.

Article 3 provides for a motion for physical or mental examination. Section 2032.310 states that, if any party desires to obtain discovery by a physical examination, or by a mental examination, the party must obtain leave of court.

Section 2032.320 requires the court to grant a motion for a physical or mental examination only for good cause shown. If a party stipulates, the court does not order a mental examination of a person for whose personal injuries a recovery is being sought except on a showing of exceptional circumstances. A stipulation by a party under this subdivision includes both of the specified items.

Section 2032.340 states that, if any action involving allegations of sexual abuse of a minor, the mental examination of a child less than 15 years of age cannot exceed three hours, inclusive of breaks.