California Pedestrian Accident Attorney - Physical And Mental Examinations

SPECIAL EXAMINATION
If a party desires to obtain discovery by a physical or mental examination other than that described above that party may seek and order of the court.

The court shall grant a motion for a physical or mental examination only for good cause shown.

If a party stipulates that no claim is being made for mental and emotional distress beyond that usually associated with the physical injuries claimed, and no expert testimony regarding this usual mental and emotional distress will be presented at trial in support of the claim for damages, a mental examination of a person for whose personal injuries a recovery is being sought will normally not be ordered.

REFUSAL TO BE EXAMINED
If a party fails to do submit to a properly noticed examination, the court may impose severe sanctions including (as a practical matter) resolution of the case against the offending party.

ATTENDANCE OF CALIFORNIA PERSONAL INJURY ATTORNEYS AND ATTORNEY'S REPRESENTATIVES AND PROTECTIVE ORDERS
Either or both Southern / Northern California pedestrian accident attorney, or that attorney's representative, are permitted to attend the physical examination in the pedestrian accident case and record by court reporter or by audiotape any words spoken to or by the examinee during any phase of the examination.

The observer may monitor the examination, but may neither participate in the examination nor disrupt it.

If the examiner becomes abusive or engages in unauthorized tests and procedures, the observer may suspend the examination and make a motion for a protective order with the court. 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.

The court must impose a monetary sanction (a fine) against any party or Soutehrn / Northern California pedestrian accident attorney who unsuccessfully makes or opposes a motion for a protective order, 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.

X-RAYS
If the 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.

GETTING COPIES OF THE EXAMINATION REPORT
The examined party may require of the party conducting the examination 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, and a copy of reports of all earlier examinations of the same condition of the examinee made by that or any other examiner. Copies must be furnished within thirty days of request.