Header October 3, 2024 ************************************** ************************************** Effective immediately the document collections will no longer be available via the online store. We apologize for any inconvenience, but circumstances have changed to the extent that we must do this in order to protect our business operations. ************************************** ************************************** We have found another way of meeting your needs for any of the following collections. ************************************** ************************************** California discovery document collection, California divorce document collection, California Eviction Defense Document Collection, California judgment recovery document collection, California law and motion document collection, California Legal (formerly Super) Document Collection, Federal legal document collection, Platinum sample legal document collection ************************************** ************************************** Please contact us if you have a need for one or more of these document collections. You can purchase these collections directly from us by contacting us at burman-enterprises@sbcglobal.net. ************************************** ************************************** Important changes have been made to our 30-day Money Back Guarantee. Please review or Refund Policy. ************************************** ************************************** Here are two one-time use codes that you may use to save on your next document purchases from us from now until 12a PT, on Dec 11, 2024. ************************************** Save 25% off any purchase of $95 or more to qualify with this code, YSDSWEWAQV0Y. ************************************** And, Save 20% off any purchase with no minimum requirement to qualify with this code, G4Y686CX74HP. ************************************** Yes, you may use both discount codes, but they must be on separate orders. ************************************** **************************************

Demanding a physical examination in California

by Stan Burman

Demanding a physical examination in California is the topic of this blog post.

Demanding a physical examination in California in personal injury case requires that a statutory demand be served a defendant on the plaintiff.

The demand requesting that the plaintiff appear for a physical examination can be served on the plaintiff as soon as the defendant has been served with the summons and complaint. 

Demanding a physical examination in California is important as it will allow a defendant to have a licensed physician of their choosing conduct a physical examination of the plaintiff to determine if they have suffered personal injuries as alleged in their complaint.

Law that authorizes demanding a physical examination in California.

Demanding a physical examination in California is authorized by the provisions of Code of Civil Procedure section 2032.220 whenever a plaintiff has alleged suffering personal injuries in a complaint.

Code of Civil Procedure § 2032.220 states that,

“(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied:

(1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive.

(2) The examination is conducted at a location within 75 miles of the residence of the examinee.

(b) A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first.

(c) A demand under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the physician who will perform the examination.

(d) A physical examination demanded under subdivision (a) shall be scheduled for a date that is at least 30 days after service of the demand. On motion of the party demanding the examination, the court may shorten this time.

(e) The defendant shall serve a copy of the demand under subdivision (a) on the plaintiff and on all other parties who have appeared in the action.

The plaintiff must respond to the demand within 20 days after service (25 days if the demand is served by mail) pursuant to the provisions of Code of Civil Procedure § 2032.230 which states that,

“(a) The plaintiff to whom a demand for a physical examination under this article is directed shall respond to the demand by a written statement that the examinee will comply with the demand as stated, will comply with the demand as specifically modified by the plaintiff, or will refuse, for reasons specified in the response, to submit to the demanded physical examination.

(b) Within 20 days after service of the demand the plaintiff to whom the demand is directed shall serve the original of the response to it on the defendant making the demand, and a copy of the response on all other parties who have appeared in the action.”

Attorneys or parties in California that would like to view a sample demand for a physical examination in California containing brief instructions, all required statutory wording and a proof of service by mail created by the author can use the link shown below.

Sample Demand for Physical Examination in California by Stan Burman on Scribd


The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

 

To view over 300 sample legal documents for sale visit: www.scribd.com/LegalDocsPro

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro  

If you would like to subscribe to his newsletter click on the following link:  freeweeklylegalnewsletter.gr8.com/

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

Back to Blog from LegalDocsPro