Demand for Initial Physical Examination
(Personal Injury Plaintiff) (CA)

Summary

This template is for use by a defendant in a personal injury action in California superior court to demand an initial physical examination of the plaintiff. This template contains practical guidance and drafting notes. If a plaintiff seeks recovery for personal injuries, a defendant may demand one physical examination of the plaintiff. Cal. Code Civ. Proc. § 2032.220. "Plaintiff" includes a cross-complainant, and "defendant" includes a cross-defendant. Cal. Code Civ. Proc. § 2032.210. This examination, which is often called an Independent Medical Exam (IME) or Defense Medical Exam (DME), is the only situation in which a defendant may demand a physical examination of the plaintiff without first obtaining a court order. When making the demand, you must serve a copy on the plaintiff and on all other parties who have appeared in the action. Cal. Code Civ. Proc. § 2032.220(e). For a detailed discussion of mental and physical examinations in California civil actions, see Mental and Physical Examinations (CA). For a related template, see Motion for Court-Ordered Mental or Physical Examination (CA).