(a) This chapter does not affect genetic testing under Chapter 2 (commencing with Section 7550) of Part 2 of Division 12 of the Family Code.
§ 2032.010.Application to genetic testing statutes; disclosure
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 1. General Provisions · Last amended 2019 · Last verified July 29, 2026
In one sentenceSection 2032.010 keeps this chapter from affecting genetic testing done under the Family Code's parentage-testing statutes and confirms the chapter does not force disclosure of an expert an attorney consulted only to satisfy the certificate-of-merit requirement in a professional negligence case.
Full Text of § 2032.010
Plain-English Summary
Before laying out how physical and mental examinations work, the chapter first marks off two things it does not touch. Genetic testing ordered under the Family Code's parentage statutes runs on its own separate track, and this chapter leaves that track alone rather than layering its own procedures on top.
The second carve-out protects a narrower but practical concern. Filing certain professional negligence cases requires an attorney to certify, based on consultation with an expert, that the claim has merit. This chapter does not require the attorney to reveal who that consulted expert was. Without this protection, the examination-discovery process could otherwise become a backdoor way to unmask an expert an attorney consulted purely for the pre-filing certification, someone who might never become a testifying expert at all.
Frequently Asked Questions
Does this chapter affect genetic testing done for parentage cases?
No. Section 2032.010 says the chapter does not affect genetic testing conducted under the Family Code's parentage-testing provisions.
Can a defendant use this chapter to find out which expert an attorney consulted before filing a malpractice case?
No. The section confirms the chapter does not require disclosing the identity of an expert an attorney consulted solely to make the required certification in a professional negligence action.
Why does the chapter need to say what it does not cover?
To prevent the physical-and-mental-examination discovery tools from being read to reach subjects, like parentage genetic testing and pre-filing expert consultations, that the Legislature handles through separate rules.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2018, c. 876 (A.B.2684), § 2, eff. Jan. 1, 2019.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: genetic testing exam discovery actcertificate of merit expert disclosure exception