§ 2032.220.220
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 2. Physical Examination of Personal Injury Plaintiff · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2032.220
Plain-English Summary
This is the chapter's most-used tool, and it works without a judge's involvement. In any case where a plaintiff seeks recovery for personal injuries, a defendant may demand one physical examination of that plaintiff, provided the exam skips any diagnostic test or procedure that is painful, protracted, or intrusive, and happens somewhere within 75 miles of the plaintiff's residence. A defendant can make this demand on its own, without asking the court for permission, as soon as it has been served or has appeared in the case, whichever comes first.
The demand itself has to do real work. It must spell out the time, place, manner, conditions, scope, and nature of the exam, along with the identity and specialty of the physician who will conduct it, so the plaintiff knows exactly what to expect before deciding how to respond. The exam has to be scheduled at least 30 days after the demand is served, though the court can shorten that window on the defendant's motion. And the defendant has to serve a copy of the demand not just on the plaintiff but on every other party who has appeared in the case, keeping everyone in the loop about an exam that could shape the evidence at trial.
Frequently Asked Questions
Does a defendant need a court order to get a personal-injury plaintiff examined?
No, not for the first basic exam. Section 2032.220 lets the defendant demand it directly, without leave of court, as long as the conditions in this section are met.
What kind of exam can a defendant demand under this section?
Only one that skips any painful, protracted, or intrusive diagnostic test or procedure, and takes place within 75 miles of the plaintiff's residence.
What must the demand for examination specify?
The time, place, manner, conditions, scope, and nature of the exam, and the identity and specialty of the examining physician.
How much notice must a plaintiff get before the exam?
At least 30 days after the demand is served, unless the court shortens that period on the defendant's motion.
Who else must be served with the demand besides the plaintiff?
Every other party who has appeared in the action.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)