(a) The demand for a physical examination under this article and the response to it shall not be filed with the court.
§ 2032.260.Retention of original demand, with proof
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
In one sentenceSection 2032.260 keeps the demand for a physical examination and the response to it out of the court file, and requires the defendant to retain the originals for six months after final disposition unless the court orders longer preservation for good cause.
Full Text of § 2032.260
(b) The defendant shall retain both the original of the demand, with the original proof of service affixed to it, and the original response until six months after final disposition of the action. At that time, the original may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.
Plain-English Summary
Not every document generated in discovery ends up in the court's file, and the demand-and-response exchange under this article is one that stays out. The demand for a physical examination and the plaintiff's response to it are not filed with the court, keeping the court file free of paperwork that rarely needs judicial attention.
Someone still has to keep the originals, though, in case a dispute surfaces later. The defendant must retain the original demand, with the original proof of service attached, along with the original response, until six months after the case reaches final disposition. Once that period passes, the defendant may destroy the originals, unless the court, on a party's motion and for good cause, orders that they be preserved longer.
Frequently Asked Questions
Does the exam demand get filed with the court?
No. Section 2032.260 keeps both the demand and the plaintiff's response out of the court file.
Who is responsible for keeping the original demand and response?
The defendant, who must retain the originals, along with the original proof of service, until six months after the case's final disposition.
Can the defendant destroy the originals after six months?
Yes, unless the court orders otherwise on a party's motion showing good cause for longer preservation.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
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: retention of exam demand originalsphysical examination demand not filed with court