Sample demand for physical examination in california

This sample demand for physical examination in California is used by a defendant that has been sued by a plaintiff in a personal injury case. The demand is served under the provisions of Code of Civil Procedure section 2032.220. The sample contains brief instructions and can be easily modified. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
DEMAND FOR PHYSICAL EXAMINATION

TRIAL DATE:
TIME:
DEPT:
DISCOVERY CUT-OFF DATE:
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using this document. Modify the wording as appropriate.
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DEMAND FOR PHYSICAL EXAMINATION

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TO PLAINTIFF NAME OF PLAINTIFF AND THEIR ATTORNEY OF RECORD:
PLEASE TAKE NOTICE THAT Defendant, NAME OF DEFENDANT (“PROPOUNDING
PARTY”) hereby demands, pursuant to the provisions of Code of Civil Procedure § 2032.220, that
Plaintiff, NAME OF PLAINTIFF (“Plaintiff”) submit to a physical examination by Dr. NAME OF
DOCTOR (“DOCTOR”), whose specialty is LIST SPECIALTY OF DOCTOR at the following
date, time and place:
DATE: LIST DATE OF EXAMINATION
TIME: LIST TIME OF EXAMINATION
PLACE: LIST NAME AND ADRESS WHERE THE EXAMINATION WILL TAKE PLACE
and continuing so long as reasonably required. The DOCTOR’S examination of Plaintiff will
consist of a general physical examination, including Plaintiff completing a medical
questionnaire and submitting to an interview, blood samples for laboratory analysis, and
LIST ANY OTHER TESTS TO BE PEFORMED . The scope of the examination will be
(a) to ascertain whether Plaintiff has been MODIFY THE FOLLOWING EXAMPLE TO
SUIT YOUR PARTICULAR SITUATION “rendered sick, sore, lame, disabled and disordered,
both internally and externally, and suffered, among other things, numerous internal injuries, severe
fright, shock, pain, discomfort and anxiety,” as alleged in Plaintiff’s Complaint ¶¶ 24, 38, 49, 53 and
57, and
(b) to ascertain whether Plaintiff suffers from any asthma-related condition, such as
“preasthma,”, and
(c) to ascertain the severity any such condition, including whether any such
condition is permanent or incurable.
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DEMAND FOR PHYSICAL EXAMINATION

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PROPOUNDING PARTY is entitled to obtain the physical examination without
leave of the court because Plaintiff has alleged physical injuries, as quoted above, and also
because Plaintiff has prayed “For medical expenses and related items of expense, according
to proof,” as alleged in Plaintiff’s Complaint at page __, line __.
Pursuant to the provisions of Code of Civil Procedure § 2032.230(b), Plaintiff is required to
serve a response on PROPOUNDING PARTY within 20 days of the service hereof (25 days if served
by mail.)
Modify the wording as appropriate.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Remember that the examination cannot include any diagnostic
test of procedure that is painful, protracted or intrusive and the
examination must be conducted at a location within 75 miles of the
residence of the examinee. See Code of Civil Procedure § 2032.220(a)(1)
(2). You must schedule the examination for a date that is least 30 days
after the demand is served (35) days if served by mail, see Code of Civil
Procedure § 2032.220(d) and must serve a copy of this demand on the
plaintiff and all other parties that have appeared in the action. See
Code of Civil Procedure § 2032.220(e).
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DEMAND FOR PHYSICAL EXAMINATION

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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my
business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as: DEMAND
FOR PHYSICAL EXAMINATION to the following parties:
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
WITHOUT AN ATTORNEY
[X] (By U.S. Mail) I deposited such envelope in the mail at ______________,
California with postage thereon fully prepaid. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
[ ] (By Personal Service) I caused such envelope to be delivered by hand via
messenger service to the address above;
[ ] (By Facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
complete and without error.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
DATED: ______________
_______________________________________
NAME OF PERSON SERVING PAPERS
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DEMAND FOR PHYSICAL EXAMINATION