reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.210.

2031.210. (a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following:
(1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities.
(2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item.
(3) An objection to the particular demand for inspection, copying, testing, or sampling.
(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party.
(c) Each statement of compliance, each representation, and each objection in the response shall bear the same number and be in the same sequence as the corresponding item or category in the demand, but the text of that item or category need not be repeated.
(d) If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information.
(Amended by Stats. 2009, Ch. 5, Sec. 10. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.220.

2031.220. A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production.
(Amended by Stats. 2009, Ch. 5, Sec. 11. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.230.

2031.230. A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.
(Amended by Stats. 2009, Ch. 5, Sec. 12. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.240.

2031.240. (a) If only part of an item or category of item in a demand for inspection, copying, testing, or sampling is objectionable, the response shall contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category.
(b) If the responding party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following:
(1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made.
(2) Set forth clearly the extent of, and the specific ground for, the objection. If an objection is based on a claim of privilege, the particular privilege invoked shall be stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted.
(c) (1) If an objection is based on a claim of privilege or a claim that the information sought is protected work product, the response shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log.
(2) It is the intent of the Legislature to codify the concept of a privilege log as that term is used in California case law. Nothing in this subdivision shall be construed to constitute a substantive change in case law.
(Amended by Stats. 2012, Ch. 232, Sec. 1. (AB 1354) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.250.

2031.250. (a) The party to whom the demand for inspection, copying, testing, or sampling is directed shall sign the response under oath unless the response contains only objections.
(b) If that party is a public or private corporation or a partnership or association or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for a party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response.
(c) The attorney for the responding party shall sign any responses that contain an objection.
(Amended by Stats. 2009, Ch. 5, Sec. 14. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.260.

2031.260. (a) Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve the original of the response to it on the party making the demand, and a copy of the response on all other parties who have appeared in the action, unless on motion of the party making the demand, the court has shortened the time for response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response.
(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom a demand for inspection, copying, testing, or sampling is directed shall have at least five days from the date of service of the demand to respond, unless on motion of the party making the demand, the court has shortened the time for the response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response.
(Amended by Stats. 2009, Ch. 5, Sec. 15. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.270.

2031.270. (a) The party demanding inspection, copying, testing, or sampling and the responding party may agree to extend the date for the inspection, copying, testing, or sampling or the time for service of a response to a set of demands, or to particular items or categories of items in a set, to a date or dates beyond those provided in Sections 2031.030, 2031.210, 2031.260, and 2031.280.
(b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for inspection, copying, testing, or sampling, or for the service of a response.
(c) Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any item or category of item in the demand to which the agreement applies in any manner specified in Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.
(Amended by Stats. 2009, Ch. 5, Sec. 16. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.280.

2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.
(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.
(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.
(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:
(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.
(2) A party need not produce the same electronically stored information in more than one form.
(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
(Amended by Stats. 2019, Ch. 208, Sec. 1. (SB 370) Effective January 1, 2020.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.285.

2031.285. (a) If electronically stored information produced in discovery is subject to a claim of privilege or of protection as attorney work product, the party making the claim may notify any party that received the information of the claim and the basis for the claim.
(b) After being notified of a claim of privilege or of protection under subdivision (a), a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim.
(c) (1) Prior to the resolution of the motion brought under subdivision (d), a party shall be precluded from using or disclosing the specified information until the claim of privilege is resolved.
(2) A party who received and disclosed the information before being notified of a claim of privilege or of protection under subdivision (a) shall, after that notification, immediately take reasonable steps to retrieve the information.
(d) (1) If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may seek a determination of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal.
(2) Until the legitimacy of the claim of privilege or protection is resolved, the receiving party shall preserve the information and keep it confidential and shall be precluded from using the information in any manner.
(Added by Stats. 2009, Ch. 5, Sec. 18. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.290.

2031.290. (a) The demand for inspection, copying, testing, or sampling, and the response to it, shall not be filed with the court.
(b) The party demanding an inspection, copying, testing, or sampling shall retain both the original of the demand, with the original proof of service affixed to it, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.
(Amended by Stats. 2009, Ch. 5, Sec. 19. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.300.

2031.300. If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:
(a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.
(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
(b) The party making the demand may move for an order compelling response to the demand.
(c) Except as provided in subdivision (d), 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 a response to a demand for inspection, copying, testing, or sampling, 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. If a party then fails to obey the order compelling a response, 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 this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(d) (1) Notwithstanding subdivision (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system.
(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.
(Amended by Stats. 2009, Ch. 5, Sec. 20. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 2 - Response to Inspection Demand › Section 2031.320.

2031.320. (a) If a party filing a response to a demand for inspection, copying, testing, or sampling under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance.
(b) Except as provided in subdivision (d), 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 compliance with a demand, 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) Except as provided in subdivision (d), if a party then fails to obey an order compelling inspection, copying, testing, or sampling, 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 that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(d) (1) Notwithstanding subdivisions (b) and (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system.
(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.
(Amended by Stats. 2009, Ch. 5, Sec. 22. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 14 - Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property › ARTICLE 3 - Inspection and Production of Documents and Other Property in Specific Contexts › Section 2031.510.

2031.510. (a) In any action, regardless of who is the moving party, where the boundary of land patented or otherwise granted by the state is in dispute, or the validity of any state patent or grant dated before 1950 is in dispute, all parties shall have the duty to disclose to all opposing parties all nonprivileged relevant written evidence then known and available, including evidence against interest, relating to the above issues.
(b) This evidence shall be disclosed within 120 days after the filing with the court of proof of service upon all named defendants. Thereafter, the parties shall have the continuing duty to make all subsequently discovered relevant and nonprivileged written evidence available to the opposing parties.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 1 - General Provisions › Section 2032.010.

2032.010. (a) This chapter does not affect genetic testing under Chapter 2 (commencing with Section 7550) of Part 2 of Division 12 of the Family Code.
(b) This chapter does not require the disclosure of the identity of an expert consulted by an attorney in order to make the certification required in an action for professional negligence under Section 411.35.
(Amended by Stats. 2018, Ch. 876, Sec. 2. (AB 2684) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 1 - General Provisions › Section 2032.020.

2032.020. (a) Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action.
(b) A physical examination conducted under this chapter shall be performed only by a licensed physician or other appropriate licensed health care practitioner.
(c) (1) A mental examination conducted under this chapter shall be performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders.
(2) If an action involves allegations of sexual abuse of a minor, including any act listed in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 1002, and the examinee is less than 15 years of age, the licensed physician or clinical psychologist shall have expertise in child abuse and trauma.
(Amended by Stats. 2017, Ch. 133, Sec. 1. (SB 755) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 2 - Physical Examination of Personal Injury Plaintiff › Section 2032.210.

2032.210. As used in this article, “plaintiff” includes a cross-complainant, and “defendant” includes a cross-defendant.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 2 - Physical Examination of Personal Injury Plaintiff › Section 2032.220.

2032.220. (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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 2 - Physical Examination of Personal Injury Plaintiff › Section 2032.230.

2032.230. (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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 2 - Physical Examination of Personal Injury Plaintiff › Section 2032.240.

2032.240. (a) If a plaintiff to whom a demand for a physical examination under this article is directed fails to serve a timely response to it, that plaintiff waives any objection to the demand. The court, on motion, may relieve that plaintiff from this waiver on its determination that both of the following conditions are satisfied:
(1) The plaintiff has subsequently served a response that is in substantial compliance with Section 2032.230.
(2) The plaintiff’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
(b) The defendant may move for an order compelling response and compliance with a demand for a physical examination.
(c) 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 response and compliance with a demand for a physical examination, 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.
(d) If a plaintiff then fails to obey the order compelling response and compliance, 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 that sanction the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 2 - Physical Examination of Personal Injury Plaintiff › Section 2032.250.

2032.250. (a) If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff’s response to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(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 compliance with a demand for a physical examination, 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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 2 - Physical Examination of Personal Injury Plaintiff › Section 2032.260.

2032.260. (a) The demand for a physical examination under this article and the response to it shall not be filed with the court.
(b) The defendant shall retain both the original of the demand, with the original proof of service affixed to it, and the original response until six months after final disposition of the action. At that time, the original may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 3 - Motion for Physical or Mental Examination › Section 2032.310.

2032.310. (a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.
(b) A motion for an examination 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 person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(c) Notice of the motion shall be served on the person to be examined and on all parties who have appeared in the action.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 3 - Motion for Physical or Mental Examination › Section 2032.320.

2032.320. (a) The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown.
(b) If a party stipulates as provided in subdivision (c), the court shall not order a mental examination of a person for whose personal injuries a recovery is being sought except on a showing of exceptional circumstances.
(c) A stipulation by a party under this subdivision shall include both of the following:
(1) A stipulation that no claim is being made for mental and emotional distress over and above that usually associated with the physical injuries claimed.
(2) A stipulation that no expert testimony regarding this usual mental and emotional distress will be presented at trial in support of the claim for damages.
(d) An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination.
(e) If the place of the examination is more than 75 miles from the residence of the person to be examined, an order to submit to it shall be entered only if both of the following conditions are satisfied:
(1) The court determines that there is good cause for the travel involved.
(2) The order is conditioned on the advancement by the moving party of the reasonable expenses and costs to the examinee for travel to the place of examination.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 3 - Motion for Physical or Mental Examination › Section 2032.340.

2032.340. (a) If any action involving allegations of sexual abuse of a minor, including any act listed in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 1002, the mental examination of a child less than 15 years of age shall not exceed three hours, inclusive of breaks.
(b) Notwithstanding subdivision (a), the court may grant an extension of the three-hour limit for good cause.
(Added by Stats. 2017, Ch. 133, Sec. 2. (SB 755) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 4 - Failure To Submit To or Produce Another for Physical or Mental Examination › Section 2032.410.

2032.410. If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2016.030, but fails to do so, the court, on motion of the party entitled to the examination, 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 that sanction, the court may, on motion of the party, impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 4 - Failure To Submit To or Produce Another for Physical or Mental Examination › Section 2032.420.

2032.420. If a party is required to produce another for a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2032.030, but fails to do so, the court, on motion of the party entitled to the examination, 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), unless the party failing to comply demonstrates an inability to produce that person for examination. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 5 - Conduct of Examination › Section 2032.510.

2032.510. (a) The attorney for the examinee or for a party producing the examinee, or that attorney’s representative, shall be permitted to attend and observe any physical examination conducted for discovery purposes, and to record stenographically or by audio technology any words spoken to or by the examinee during any phase of the examination.
(b) The observer under subdivision (a) may monitor the examination, but shall not participate in or disrupt it.
(c) If an attorney’s representative is to serve as the observer, the representative shall be authorized to so act by a writing subscribed by the attorney which identifies the representative.
(d) If in the judgment of the observer the examiner becomes abusive to the examinee or undertakes to engage in unauthorized diagnostic tests and procedures, the observer may suspend it to enable the party being examined or producing the examinee to make a motion for a protective order.
(e) If the observer begins to participate in or disrupt the examination, the person conducting the physical examination may suspend the examination to enable the party at whose instance it is being conducted to move for a protective order.
(f) 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 for a protective order 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.
(Amended by Stats. 2005, Ch. 294, Sec. 10. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 5 - Conduct of Examination › Section 2032.520.

2032.520. If an examinee submits or authorizes access to X-rays of any area of his or her body for inspection by the examining physician, no additional X-rays of that area may be taken by the examining physician except with consent of the examinee or on order of the court for good cause shown.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 5 - Conduct of Examination › Section 2032.530.

2032.530. (a) The examiner and examinee shall have the right to record a mental examination by audio technology.
(b) Nothing in this title shall be construed to alter, amend, or affect existing case law with respect to the presence of the attorney for the examinee or other persons during the examination by agreement or court order.
(Amended by Stats. 2005, Ch. 294, Sec. 11. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 6 - Reports of Examination › Section 2032.610.

2032.610. (a) If a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under Section 2016.030, that party has the option of making a written demand that the party at whose instance the examination was made deliver both of the following to the demanding party:
(1) A copy of a detailed written report setting out the history, examinations, findings, including the results of all tests made, diagnoses, prognoses, and conclusions of the examiner.
(2) A copy of reports of all earlier examinations of the same condition of the examinee made by that or any other examiner.
(b) If the option under subdivision (a) is exercised, a copy of the requested reports shall be delivered within 30 days after service of the demand, or within 15 days of trial, whichever is earlier.
(c) In the circumstances described in subdivision (a), the protection for work product under Chapter 4 (commencing with Section 2018.010) is waived, both for the examiner’s writings and reports and to the taking of the examiner’s testimony.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 6 - Reports of Examination › Section 2032.620.

2032.620. (a) If the party at whose instance an examination was made fails to make a timely delivery of the reports demanded under Section 2032.610, the demanding party may move for an order compelling their delivery. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(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 demanded 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 those sanctions, 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 examiner whose report has not been provided by a party.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 6 - Reports of Examination › Section 2032.630.

2032.630. By demanding and obtaining a report of a physical or mental examination under Section 2032.610 or 2032.620, or by taking the deposition of the examiner, other than under Article 3 (commencing with Section 2034.410) of Chapter 18, the party who submitted to, or produced another for, a physical or mental examination waives in the pending action, and in any other action involving the same controversy, any privilege, as well as any protection for work product under Chapter 4 (commencing with Section 2018.010), that the party or other examinee may have regarding reports and writings as well as the testimony of every other physician, psychologist, or licensed health care practitioner who has examined or may thereafter examine the party or other examinee in respect of the same physical or mental condition.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 6 - Reports of Examination › Section 2032.640.

2032.640. A party receiving a demand for a report under Section 2032.610 is entitled at the time of compliance to receive in exchange a copy of any existing written report of any examination of the same condition by any other physician, psychologist, or licensed health care practitioner. In addition, that party is entitled to receive promptly any later report of any previous or subsequent examination of the same condition, by any physician, psychologist, or licensed health care practitioner.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 15 - Physical or Mental Examination › ARTICLE 6 - Reports of Examination › Section 2032.650.

2032.650. (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.
(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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.010.

2033.010. Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.
(Amended by Stats. 2016, Ch. 86, Sec. 43. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.020.

2033.020. (a) A defendant may make requests for admission by a party without leave of court at any time.
(b) A plaintiff may make requests for admission by a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.
(c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may make requests for admission by a party without leave of court at any time that is five days after service of the summons on, or appearance by, that party, whichever occurs first.
(d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make requests for admission at an earlier time.
(Amended by Stats. 2007, Ch. 113, Sec. 12. Effective January 1, 2008.)