If a party is required to produce another for a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2032.030, 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), unless the party failing to comply demonstrates an inability to produce that person for examination. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
§ 2032.420.420
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 2032.420 lets a court impose issue, evidence, or terminating sanctions, along with or instead of monetary sanctions, against a party required to produce someone else for a physical or mental examination who fails to do so, unless that party shows it truly could not produce the person.
Full Text of § 2032.420
Plain-English Summary
This section is the companion to the prior one, aimed at a different scenario: producing someone else for examination rather than submitting personally. If a party is required to produce another person, such as an agent or someone in the party's custody or legal control, for a physical or mental examination, but fails to do so, the party entitled to the exam can move for sanctions.
The available remedies mirror the prior section's: an issue, evidence, or terminating sanction, along with or instead of a monetary sanction. But this section adds a genuine escape hatch the previous one doesn't have. A party facing this motion can avoid sanctions by demonstrating an inability to produce that person for examination, recognizing that a party sometimes lacks the practical power to force a third person, even one nominally under its control, to show up.
Frequently Asked Questions
What happens if a party can't or won't produce someone else for an 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.
Is there any defense to this kind of sanctions motion?
Yes. A party avoids sanctions by demonstrating a genuine inability to produce the person for the examination.
How does this section differ from Section 2032.410?
Section 2032.410 addresses a party's own failure to submit to an exam; this section addresses failing to produce someone else for one, and it includes an inability defense that 2032.410 does not.
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: failure to produce person for examinationsanctions producing another for medical exam