Motion for Court-Ordered Mental or Physical Examination
(CA)

Summary

This template is a motion for a court-ordered mental or physical examination for use in a civil action in California superior court. This template contains practical guidance, drafting notes, and alternate and optional clauses. Any party may obtain discovery, subject to the restrictions set forth in Cal. Code Civ. Proc. § 2019.010 et seq., by means of a mental or physical examination of a party or party-affiliated person, in any action in which the mental or physical condition of that party or party-affiliated person is in controversy. Cal. Code Civ. Proc. § 2032.020(a). Depending on the facts of your client's case, it may be appropriate to move to obtain a court order for a mental or physical examination if demanding a medical examination under Cal. Code Civ. Proc. § 2032.220 is not permitted in the case, and the other party refuses to stipulate to an examination. See Cal. Code Civ. Proc. § 2032.310. While the moving party in this template is the defendant, as noted above, any party may obtain discovery by means of an examination. Therefore, a plaintiff may also use this template if the defendant's mental or physical condition is in controversy. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For a detailed discussion of obtaining a mental or physical examination in California, see Mental and Physical Examinations (CA). For information on noticed motions generally, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). For a template illustrating the general structure and format of a supporting memorandum, see Memorandum of Points and Authorities (CA). For a template illustrating the general format of a supporting declaration, see Declaration under Penalty of Perjury (CA).