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§ 2032.510.Physical examination; attendance of attorney or attorney's representative;

Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 5. Conduct of Examination · Last amended 2032 · Last verified July 29, 2026

In one sentenceSection 2032.510 lets the examinee's attorney or an authorized representative attend, observe, and record any physical examination, but only monitor rather than participate, and lets either side suspend the exam and seek a protective order if the other oversteps, with mandatory sanctions against the losing side.

Full Text of § 2032.510

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) The attorney for the examinee or for a party producing the examinee, or that attorney's representative, shall be permitted to attend and observe any physical examination conducted for discovery purposes, and to record stenographically or by audio technology any words spoken to or by the examinee during any phase of the examination.
(b) The observer under subdivision (a) may monitor the examination, but shall not participate in or disrupt it.
(c) If an attorney's representative is to serve as the observer, the representative shall be authorized to so act by a writing subscribed by the attorney which identifies the representative.
(d) If in the judgment of the observer the examiner becomes abusive to the examinee or undertakes to engage in unauthorized diagnostic tests and procedures, the observer may suspend it to enable the party being examined or producing the examinee to make a motion for a protective order.
(e) If the observer begins to participate in or disrupt the examination, the person conducting the physical examination may suspend the examination to enable the party at whose instance it is being conducted to move for a protective order.
(f) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Plain-English Summary

An examination conducted at the defendant's request does not happen unsupervised. The examinee's attorney, or the attorney of the party producing the examinee, or that attorney's representative, is entitled to attend and observe any physical examination conducted for discovery purposes, and to record stenographically or by audio technology anything said to or by the examinee during any phase of it.

That presence comes with real limits on both sides. The observer may monitor the exam but cannot participate in or disrupt it, and if an attorney's representative rather than the attorney serves as observer, that representative needs written authorization identifying them, signed by the attorney. If, in the observer's judgment, the examiner turns abusive toward the examinee or tries unauthorized diagnostic tests or procedures, the observer may suspend the exam so the examinee's side can move for a protective order. The reverse holds too: if the observer starts participating in or disrupting the exam, the examiner may suspend it so the side conducting the exam can move for its own protective order. Whoever loses either kind of protective-order motion faces a mandatory monetary sanction, absent substantial justification or unjust circumstances.

Frequently Asked Questions

Can the examinee's attorney be present during a physical examination?

Yes. Section 2032.510 lets the examinee's attorney, the attorney for the party producing the examinee, or an authorized representative attend, observe, and record the exam.

Can the observer participate in the examination?

No. The observer may monitor the exam but cannot participate in it or disrupt it.

What can the observer do if the examiner becomes abusive or runs unauthorized tests?

Suspend the examination to allow the party being examined, or producing the examinee, to move for a protective order.

What can the examiner do if the observer disrupts the exam?

Suspend the examination to allow the party conducting it to move for a protective order.

Are sanctions available on a protective-order motion under this section?

Yes. The court must impose a monetary sanction against whoever unsuccessfully makes or opposes the motion, unless that party acted with substantial justification or a sanction would be unjust.

Amendment History

(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2005, c. 294 (A.B.333), § 10.) WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 § 2032.510. Physical examination; attendance of attorney or attorney's representative; recording..., CA CIV PRO § 2032.510

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: attorney present physical examination californiarecording independent medical examination