§ 2032.320.Standard of proof; exceptional circumstances;
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 3. Motion for Physical or Mental Examination · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2032.320
Plain-English Summary
This section sets the standard a motion under the prior section has to clear, and it builds in extra protection for mental exams. As a baseline, the court grants a motion for a physical or mental examination only on a showing of good cause. But where a party stipulates that it is not claiming mental or emotional distress beyond what is usually associated with the physical injuries at issue, and that no expert testimony about that ordinary distress will be offered at trial, the court can order a mental examination of that person only on a showing of exceptional circumstances, a considerably higher bar than good cause alone.
Once the court does grant an exam, its order has to spell out who will perform it and the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the exam, giving the examinee the same clarity a demand under Article 2 would provide. And if the exam location sits more than 75 miles from the examinee's residence, the order can only require attendance there if the court finds good cause for the travel and conditions the order on the moving party advancing the examinee's reasonable travel expenses and costs.
Frequently Asked Questions
What must a party show to get a court-ordered physical or mental examination?
Good cause, as the baseline standard under Section 2032.320.
Does stipulating away an emotional-distress claim block a mental examination entirely?
No, but it raises the bar. Once a party stipulates that it isn't claiming distress beyond what's usual for the physical injuries and won't offer expert testimony on it, the court can order a mental exam only on a showing of exceptional circumstances.
What must a court's order granting an examination specify?
The person or persons who may perform it, and the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the exam.
What happens if the ordered exam location is far from the examinee's home?
If it's more than 75 miles away, the order requires good cause for the travel and must condition the exam on the moving party advancing the examinee's reasonable travel expenses.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)