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§ 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

In one sentenceSection 2032.310 requires a party to obtain leave of court, by noticed motion specifying the exam's details and accompanied by a meet-and-confer declaration, for any mental examination or any physical examination beyond the one exam Article 2 allows without a motion.

Full Text of § 2032.310

Text sizeJump to: (a) (b) (c)

(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.
(b) A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(c) Notice of the motion shall be served on the person to be examined and on all parties who have appeared in the action.

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.)

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
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