2009 California Code of Civil Procedure - Section 2032.410-2032.420 :: Article 4. Failure To Submit To Or Produce Another For Physical Or Mental Examination

CODE OF CIVIL PROCEDURE
SECTION 2032.410-2032.420

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).

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).

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.