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Responding to a physical examination demand in California

by Stan Burman

Responding to a physical examination demand in California is the topic of this blog post.

Any response to a physical examination demand in California must be served on the demanding party within 20 days from the date of service of the demand (25 days if the demand is served by mail) under the provisions of Code of Civil Procedure section 2032.230(b).

I need to point out that it is very important that the responding party serve their response in a timely manner.  Failure to serve a timely response to a demand for a physical examination in California waives any objections to the demand for a physical examination unless the responding party is granted relief from waiver by the Court under the provisions of Code of Civil Procedure section 2032.240.

Code of Civil Procedure § 2032.230 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. On motion of the defendant making the demand, the court may shorten the time for response. On motion of the plaintiff to whom the demand is directed, the court may extend the time for response.”

The party responding to a physical examination demand can state in their response that they will comply with the demand as stated or with certain modifications included, or that they will refuse for specified reasons to comply with the demand.

Sample response to a physical examination demand in California for sale.

Attorneys or parties in California that would like to view a portion of a sample response to a physical examination demand in California containing brief instructions, sample objections , a detailed listing of the terms and conditions by which the plaintiff agrees to comply with the demand and a proof of service by mail sold by the author can see below.

Sample Response to 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.

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.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

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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.

 

 

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