California Pedestrian Accident Attorney - Physical And Mental Examinations

GENERAL RIGHT TO CONDUCT EXAMINATION
We will use as an example, a pedestrian accident case in this chapter. The California Code of Civil Procedure allows a party to require a physical or mental examination of another party, an agent of any party, or a person in the custody or under the legal control of a party when the mental or physical condition (including the blood group) of that party or other person is in issue in the action.

WHO MAY PERFORM THE EXAMINATION?
The examination must be performed only by a licensed physician or other appropriate licensed health care practitioner. A mental examination must be performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders.

HOW FAR MUST YOU TRAVEL?
Where Plaintiff is seeking recovery for personal injuries, any Defendant may demand one physical examination of the Plaintiff, provided the examination does not include any procedure that is painful, protracted, or intrusive, and is conducted at a location within seventy-five miles of the residence of the person being examined.

COMPLIANCE WITH DEMAND
The Plaintiff must respond to the demand by a written statement
that he will:
1. Comply with the demand as stated,

2. Will comply with the demand as specifically modified by the Plaintiff, or will

3. Refuse, for reasons specified in the response, to submit to the demanded physical examination.

Within twenty days after service of the demand, the responding party must serve the a response on the asking party, and a copy of the response on all other parties who have appeared in the action. If he fails to serve a timely response he waives any objection to the demand. However, (as in most matters of discovery) the court may relieve the responding party if he has subsequently served a response that is in substantial compliance and his failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

FORCING COMPLIANCE
The asking party in the pedestrian accident case may move for an order compelling response and compliance with a demand for a physical examination. The court must impose a sanction against any party or Southern / Northern California pedestrian accident attorney who unsuccessfully makes or opposes a motion to compel compliance, 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.

If a responding party still fails to obey the order compelling response, the court may impose severe sanctions, the severest of which would be (as a practical matter) resolving the case in favor of the asking party.