If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2016.030, but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may, on motion of the party, impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
§ 2032.410.Failure of party to submit to examination; availability of sanctions
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 4. Failure to Submit to or Produce Another for Physical or Mental Examination · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2032.410 lets a court impose issue, evidence, or terminating sanctions, along with or instead of monetary sanctions, against a party who is required to submit to a physical or mental examination but fails to do so.
Full Text of § 2032.410
Plain-English Summary
A demand or court order requiring a party to submit to an examination is only as good as the consequences for ignoring it, and this section supplies those consequences. If a party is required to submit to a physical or mental examination under Article 2's demand process, Article 3's motion process, or an agreement between the parties, but fails to do so, the party entitled to the examination can move for relief.
The court's response is not limited to a single fix. On that motion, the court may make whatever orders are just, including an issue sanction, an evidence sanction, or a terminating sanction, all of which strike at the merits of the non-complying party's case rather than just its wallet. The court can also impose a monetary sanction in place of or on top of those harsher sanctions, tailoring the response to how serious the refusal was.
Frequently Asked Questions
What happens if a party refuses to submit to a properly demanded or ordered examination?
The party entitled to the exam may move for sanctions, and the court may impose an issue, evidence, or terminating sanction, along with or instead of a monetary sanction.
Does this section cover exams ordered under both Article 2 and Article 3?
Yes, it covers exams required under Article 2's demand process, Article 3's motion process, or an agreement between the parties.
Are monetary sanctions the only option under this section?
No. The court can impose issue, evidence, or terminating sanctions in addition to or instead of a monetary sanction.
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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