(a) If a party who has demanded and received delivery of medical reports under Section 2032.610 fails to deliver existing or later reports of previous or subsequent examinations under Section 2032.640, a party who has complied with Section 2032.610 may move for an order compelling delivery of medical reports. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
§ 2032.650.Failure to deliver reports; motion to compel
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 2032.650 lets a party move to compel delivery of the reciprocal reports owed under Section 2032.640, with a required meet-and-confer declaration, mandatory sanctions against the losing side, and, for continued noncompliance, escalating sanctions plus mandatory exclusion of the non-complying practitioner's trial testimony.
Full Text of § 2032.650
(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 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 the sanction, 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 health care practitioner whose report has not been provided by a party ordered to do so by the court.
Plain-English Summary
The reciprocal-reports obligation in the prior section gets the same enforcement mechanism as the original report demand. If a party who already demanded and received reports under Section 2032.610 then fails to deliver the reciprocal reports it owes under Section 2032.640, the party who complied with the original demand can move for an order compelling delivery, backed by a meet-and-confer declaration.
The consequences track the earlier enforcement section closely. Losing the motion to compel triggers a mandatory monetary sanction, absent substantial justification or unjust circumstances. Continued disobedience after a compel order lets the court impose an issue, evidence, or terminating sanction, along with or instead of a further monetary sanction. And no matter what other sanction the court picks, it must exclude at trial the testimony of any health care practitioner whose report the noncompliant party was ordered to provide but didn't.
Frequently Asked Questions
What can a party do if the other side won't hand over the reciprocal reports it owes?
Move for an order compelling delivery of the medical reports, supported by a meet-and-confer declaration.
Is a sanction guaranteed on this kind of motion?
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 if a party still won't deliver the reports after being ordered to?
The court may impose an issue, evidence, or terminating sanction, along with or instead of a further monetary sanction.
Does a court have to exclude testimony for this kind of violation too?
Yes. The court must exclude at trial the testimony of any health care practitioner whose report was not provided by a party the court ordered to do so.
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 reciprocal medical reportsexclusion of practitioner testimony failure to exchange reports