§ 2032.610.Demand for copy of examination records; right to
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 6. Reports of Examination · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2032.610 lets a party who submitted to, or produced another for, an examination demand delivery of the examiner's detailed written report and reports of earlier exams of the same condition within 30 days or 15 days before trial, waiving work-product protection over the examiner's materials and testimony.
(a)If a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under Section 2016.030, that party has the option of making a written demand that the party at whose instance the examination was made deliver both of the following to the demanding party:
(1)A copy of a detailed written report setting out the history, examinations, findings, including the results of all tests made, diagnoses, prognoses, and conclusions of the examiner.
(2)A copy of reports of all earlier examinations of the same condition of the examinee made by that or any other examiner.
(b)If the option under subdivision (a) is exercised, a copy of the requested reports shall be delivered within 30 days after service of the demand, or within 15 days of trial, whichever is earlier.
(c)In the circumstances described in subdivision (a), the protection for work product under Chapter 4 (commencing with Section 2018.010) is waived, both for the examiner's writings and reports and to the taking of the examiner's testimony.
Plain-English Summary
Submitting to an exam does not mean going in blind about what the exam produced. A party who submitted to, or produced another for, a physical or mental examination under Article 2's demand, Article 3's court order, or an agreement between the parties can make a written demand that the party who requested the exam deliver two things: a copy of a detailed written report covering the examiner's history, examinations, findings including all test results, diagnoses, prognoses, and conclusions, and copies of reports from any earlier examinations of the same condition by that examiner or any other one.
Once that demand goes out, the clock is tight. The requested reports have to be delivered within 30 days after the demand is served, or within 15 days of trial, whichever comes first, so the reports reach the examinee's side in time to matter. Exercising this option comes with a real trade-off: it waives work-product protection under the Discovery Act's work-product chapter, both for the examiner's own writings and reports and for taking the examiner's deposition testimony.
Frequently Asked Questions
Can a plaintiff who was examined get a copy of the examiner's report?
Yes. Section 2032.610 lets the examined party demand a copy of the examiner's detailed written report and reports of any earlier exams of the same condition.
How quickly must the reports be delivered after the demand?
Within 30 days after the demand is served, or within 15 days of trial, whichever is earlier.
What must the examiner's detailed written report cover?
The history, examinations, findings including all test results, diagnoses, prognoses, and conclusions of the examiner.
What is the cost of demanding these reports?
Work-product protection is waived for the examiner's writings and reports, and for taking the examiner's deposition testimony.
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:demand for examiner report californiawaiver of work product medical exam report