§ 2032.310.Other forms of examination by leave of
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 3. Motion for Physical or Mental Examination · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2032.310
Plain-English Summary
Article 2's demand process only covers one narrow situation: a single, non-invasive physical exam of a personal-injury plaintiff. Everything else runs through this section instead. A party wanting a physical examination other than the kind Article 2 allows, or wanting any mental examination at all, has to obtain leave of court first, rather than serving a demand alone.
Getting that leave means filing a motion that does real work up front. The motion has to specify the time, place, manner, conditions, scope, and nature of the exam, along with the identity and specialty of whoever will perform it, and it has to come with a meet-and-confer declaration showing the parties tried to resolve things without court intervention. Notice of the motion goes to the person who will be examined and to every party who has appeared in the case, giving everyone a chance to weigh in before the court rules.
Frequently Asked Questions
When does a party need a court order for an examination, rather than just a demand?
For any mental examination, or for any physical examination beyond the single non-invasive exam Article 2 allows without leave of court.
What must a motion for examination under this section include?
The time, place, manner, conditions, scope, and nature of the exam, and the identity and specialty of the person who will perform it, plus a meet-and-confer declaration.
Who must be notified of a motion for examination under this section?
The person to be examined and every party who has appeared in the action.
Does this section apply to a mental exam of a personal-injury plaintiff?
Yes. Article 2's demand process covers physical exams only; any mental exam, of any person, requires a motion under this section.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)