§ 2032.620.620

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 2032.620 lets a party move to compel timely delivery of demanded examination reports, with a required meet-and-confer declaration, mandatory sanctions against the losing side, and, for continued noncompliance, escalating sanctions plus mandatory exclusion of the examiner's trial testimony.

Full Text of § 2032.620

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(a) If the party at whose instance an examination was made fails to make a timely delivery of the reports demanded under Section 2032.610, the demanding party may move for an order compelling their delivery. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.

(b) 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 to compel delivery of medical reports 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.

(c) If a party then fails to obey an order compelling delivery of demanded medical reports, the court 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 those sanctions, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). The court shall exclude at trial the testimony of any examiner whose report has not been provided by a party.

Plain-English Summary

A right to demand reports means little without a way to enforce it, and this section supplies that enforcement. If the party who requested the exam fails to timely deliver the reports demanded under the prior section, the demanding party may move for an order compelling their delivery, and that motion has to come with a meet-and-confer declaration.

The consequences build in stages. Losing the compel motion triggers a mandatory monetary sanction against whichever side loses it, absent substantial justification or unjust circumstances. If a party then disobeys the order compelling delivery, the court can go further, imposing an issue, evidence, or terminating sanction, along with or instead of another monetary sanction. And regardless of what other sanctions the court chooses, it must exclude at trial the testimony of any examiner whose report has not been provided, a mandatory consequence with real teeth for a party sitting on a favorable exam result.

Frequently Asked Questions

What can a party do if the other side won't deliver demanded examination reports?

Move for an order compelling delivery, supported by a meet-and-confer declaration.

Is a sanction guaranteed on a motion to compel delivery of reports?

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.

What happens if a party still doesn't deliver the reports after the court orders it?

The court may impose an issue, evidence, or terminating sanction, along with or instead of a further monetary sanction.

Is there a mandatory consequence beyond sanctions for failing to provide a report?

Yes. The court must exclude at trial the testimony of any examiner whose report has not been provided by a party.

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: motion to compel medical exam reportexclusion of examiner testimony failure to deliver report