The letter says “independent medical examination.” It is not independent. An independent medical examination in California is a defense examination: the insurer or the defendant picks the doctor, pays the doctor, and tells the doctor what the case is about before you walk in. Borna Houman Law is a personal injury firm in Los Angeles, and we treat that letter as a discovery event the other side controls under California’s Civil Discovery Act, with limits you can enforce and a 20-day clock already running.
Key Takeaway: In a California personal injury case, a defendant may demand one physical examination without a court order under Code of Civil Procedure section 2032.220, with at least 30 days’ notice and a location within 75 miles of your home. You have 20 days to respond. Failing to respond waives your objections.
Why Is Asking for the Defense Doctor’s Report the Most Expensive Free Thing in Your Case?
Demanding the defense examiner’s report triggers a statutory waiver that reaches every other doctor who has examined you for the same condition. Under Code of Civil Procedure section 2032.610, you may serve a written demand for a detailed report of the examiner’s history, findings, test results, diagnoses, prognoses, and conclusions, plus all earlier reports on the same condition. The defense has 30 days to deliver, or 15 days before trial, whichever comes first.
Then Code of Civil Procedure section 2032.630 takes something back. By demanding and obtaining that report, you waive, in this case and in any other action involving the same controversy, every privilege and every work-product protection covering the reports, writings, and testimony of every other physician, psychologist, or licensed health care practitioner who has examined you, or who examines you later, for the same physical or mental condition.
So the consulting neurologist your lawyer retained quietly to evaluate your headaches, the one whose opinion came back weaker than hoped, stops being protected work product. The defense can subpoena the file and take the deposition. In our experience representing injured clients across Los Angeles County, this is the most common unforced error in a filed personal injury case, and it is usually made by someone who thought a report request was housekeeping.
When Is Demanding the Report Worth It, and When Is It Not?
Demand it when you have nothing on your side of the same-condition ledger to protect. If every provider who examined you is a treating doctor whose records are already produced, the waiver costs almost nothing and the report gives you the examiner’s actual language months before trial.
Do not demand it when a retained non-testifying consultant has examined you for the same condition, when a second opinion exists that you have no intention of designating, or when opinions vary widely on the injury, such as a disputed traumatic brain injury or a chronic pain presentation.
There is a third route most people never hear about. Section 2032.630 carves out a deposition taken under the expert witness discovery article beginning at Code of Civil Procedure section 2034.410. If the defense designates the examiner as a trial expert, you can depose that expert and get the materials called for in the deposition notice without the waiver attaching. The tradeoff is timing, because expert designation comes late and settlement talks usually come earlier.
Can the Defense Force You to Attend an IME Without a Court Order?
Yes, once, and only for a physical examination. Code of Civil Procedure section 2032.220 lets any defendant in a personal injury action demand one physical examination without leave of court, once that defendant has been served or has appeared. Two conditions attach. It cannot include a diagnostic test or procedure that is painful, protracted, or intrusive. And it has to happen within 75 miles of where you live.
Because the defense gets one shot at an exam it can take as of right, whatever scope it writes into the first demand is the scope it gets unless you push back. A demand that quietly bundles a functional capacity evaluation and three hours of psychometric testing is not the modest checkup that “one physical examination” suggests.
What Must the Demand Actually Say, and How Much Notice Do You Get?
The demand must specify the time, place, manner, conditions, scope, and nature of the examination, plus the identity and specialty of the physician performing it, and it must be scheduled at least 30 days out. Subdivisions (c) through (e) of section 2032.220 require all of it, and the defense must serve the demand on you and every other party who has appeared.
Vagueness there is leverage for you. A demand naming a “physician to be determined,” or saying “orthopedic examination” without describing the tests, has not complied with subdivision (c). Neither has one setting an exam in Riverside for a Van Nuys plaintiff.
How Do You Respond to an Overbroad Demand in the 20-Day Window?
Code of Civil Procedure section 2032.230 gives you 20 days from service of the demand to serve a written response, and it gives you three options: comply as stated, comply as specifically modified by you, or refuse for reasons stated in the response.
The second option is where cases get won, and hardly anyone uses it. A modified response is where you write the ground rules: lumbar spine only, no psychological inventories, no range-of-motion testing to the point of pain, no questions about how the collision happened, three hours maximum, our observer attends and records.
Miss the 20 days and Code of Civil Procedure section 2032.240 says you waive every objection to the demand. A court can relieve you of that waiver only if you then serve a substantially compliant response and show the default came from mistake, inadvertence, or excusable neglect.
If the defense thinks your modification or refusal is unwarranted, its remedy is a motion to compel compliance under Code of Civil Procedure section 2032.250, with a meet and confer declaration. Sanctions on that motion are mandatory against whichever side loses, absent substantial justification. Both sides carry risk, so a well-drafted modified response usually produces a phone call instead of a motion.
Not sure what your exam demand actually permits? Call (888) 42-BORNA for a free consultation before you respond. The 20-day clock does not pause while you decide.
What Rights and Deadlines Apply to a California Defense Medical Exam?
| What the defense can do | What you can do | Statute | Deadline |
|---|---|---|---|
| Demand one physical exam, no court order | Object to painful, protracted, or intrusive tests, or to a site over 75 miles away | CCP 2032.220(a) | Exam date 30+ days after service |
| Set the time, place, scope, and examiner | Require the notice to specify all of it, including the examiner’s specialty | CCP 2032.220(c)-(e) | Served on all appearing parties |
| Wait for your response | Comply, comply as modified, or refuse with stated reasons | CCP 2032.230(b) | 20 days after service |
| Move to compel your compliance | Oppose; sanctions run against the losing side | CCP 2032.250 | Meet and confer declaration required |
| Conduct the exam | Send your attorney or an authorized representative to observe and record by audio | CCP 2032.510(a) | Day of exam |
| Prepare a written report | Demand it plus all earlier reports on the same condition, accepting the waiver | CCP 2032.610 | 30 days, or 15 days before trial |
| Designate the examiner as a trial expert | Depose the expert without triggering the same-condition waiver | CCP 2032.630; 2034.410 | After expert designation |
When Does the Defense Need a Court Order Instead of a Demand?
Any examination beyond that one physical exam requires a noticed motion and good cause. Code of Civil Procedure section 2032.310 requires leave of court for a second physical exam or any mental examination, and the motion has to specify the same six elements the demand does, plus a meet and confer declaration.
Code of Civil Procedure section 2032.320 supplies the standard: the court grants the motion only for good cause shown. Mental examinations get an extra gate. If you stipulate that you claim no emotional distress beyond what usually accompanies the physical injuries, and will present no expert testimony on that distress, the court cannot order a mental exam absent exceptional circumstances. That stipulation costs you a category of damages, so price it before you offer it.
| Examination type | As of right or motion required | Standard the court applies | Statute |
|---|---|---|---|
| First physical exam of an injury plaintiff | As of right, by written demand | Statutory conditions govern | CCP 2032.220 |
| Second or further physical exam | Noticed motion | Good cause shown | CCP 2032.310, 2032.320(a) |
| Any mental examination | Noticed motion | Good cause; exceptional circumstances if plaintiff stipulates | CCP 2032.320(a)-(c) |
| Exam over 75 miles from plaintiff’s home | Court order | Good cause for travel, plus advanced expenses | CCP 2032.320(e) |
| Painful, protracted, or intrusive testing | Not available by demand | Must be specified in a court order | CCP 2032.220(a)(1), 2032.320(d) |
Can Your Attorney Attend the Exam and Record It?
Yes, and it is not a courtesy the defense grants. Code of Civil Procedure section 2032.510 says the attorney for the examinee, or that attorney’s authorized representative, shall be permitted to attend and observe any physical examination conducted for discovery, and to record stenographically or by audio technology any words spoken to or by the examinee during any phase of it.
The observer monitors and does not participate or disrupt. If the examiner turns abusive or runs diagnostic tests nobody authorized, the observer can suspend the exam so a protective order motion can be brought. Sanctions on that motion are mandatory against the losing side absent substantial justification.
Mental examinations follow a different rule. Code of Civil Procedure section 2032.530 gives the examiner and the examinee each the right to record a mental examination by audio technology, and leaves existing case law on attorney presence undisturbed. Bring a recorder. The audio often beats the observer’s notes, because it captures how long the exam actually lasted, which frequently contradicts the report.
What Are the Most Common Mistakes We See Before a Defense Medical Exam?
The most common mistake we see is treating the appointment as the event and the demand as paperwork. By the time you are in the parking lot, every objection worth making has expired.
Second is volunteering. The examiner is not your doctor and no treatment relationship is formed. Questions about the collision, prior accidents, and your daily activities exist to generate impeachment material. Answer about your current symptoms and stop there.
Third is minimizing. Injured people downplay pain out of politeness, then read a report quoting them saying they are “doing okay.” Describe a normal day honestly, bad days included.
Fourth is going alone. Without an observer and a recording, it is your word against a paid examiner’s report, and the report is what the adjuster reads.
What Does a Defense Medical Exam Actually Look Like?
Take a driver rear-ended on the 101 with a herniated L5-S1 disc, six months of treatment, and a filed lawsuit. The defense serves an exam demand March 3 setting an exam for April 6 in Torrance, 28 miles from her Culver City home, scope described as “orthopedic examination of the lumbar spine.”
Her response is due March 23. It goes out March 18, agreeing to the exam as modified: lumbar spine only, no psychological testing, no questions about liability, no imaging, two hours, and an observer who will record by audio. The defense does not move to compel, because the modification tracks the statute and a lost motion carries mandatory sanctions.
The exam runs 22 minutes. The recording proves it. When the report describes a “comprehensive orthopedic evaluation,” those 22 minutes become a cross-examination exhibit.
How Does the IME Fit Into Your Overall Case Timeline?
A defense medical exam only exists once a lawsuit is on file, which places it inside the two-year window set by Code of Civil Procedure section 335.1. Claims against a public entity run on a much shorter track, covered in our guide to the California personal injury statute of limitations.
The exam lands in the middle of discovery, after your deposition and before expert designation. Its purpose is to give the defense a number, because the examiner’s opinion on causation, permanence, and future care is what the adjuster uses to value the claim. It matters most where future damages carry the value, as in a traumatic brain injury claim in Los Angeles or a catastrophic injury case built on a life care plan.
None of it costs you anything up front. See the arithmetic in our breakdown of the California personal injury contingency fee, the wider process in how personal injury law works in California, and the starting point in a first conversation about your car accident claim.
Frequently Asked Questions About Independent Medical Examinations in California
Can I object to an independent medical examination in California?
You can object to the terms, but you generally cannot refuse the defense’s first physical examination outright. Code of Civil Procedure section 2032.230 lets you comply as specifically modified or refuse for reasons stated in the response. Objections to scope, location, painful testing, or a defective notice are the ones that succeed.
How many days’ notice is required for an IME in California?
The exam must be set for a date at least 30 days after the demand is served, under Code of Civil Procedure section 2032.220(d), and the court can shorten that time on the demanding party’s motion. Your written response is due within 20 days of service, so the response deadline arrives well before the exam.
What happens if I do not respond to the demand in time?
You waive every objection to the demand under Code of Civil Procedure section 2032.240(a). A court can relieve you of the waiver only if you then serve a response in substantial compliance with section 2032.230 and show the failure came from mistake, inadvertence, or excusable neglect. That relief is discretionary.
Can I get a copy of the IME doctor’s report?
Yes, by written demand under Code of Civil Procedure section 2032.610, with delivery due in 30 days or 15 days before trial, whichever is earlier. Demanding and obtaining it waives privilege and work-product protection over every other examiner who looked at the same condition, under section 2032.630. Decide with your attorney first.
Who pays for the independent medical examination?
The defendant or its insurer pays the examiner, because the exam is defense discovery. You are not billed and it does not run through your health insurance. If a court orders an exam more than 75 miles away, section 2032.320(e) requires the moving party to advance your reasonable travel expenses.
What should I not say to an IME doctor?
Do not discuss how the collision happened, your prior claims, your settlement expectations, or anything your lawyer told you. Answer questions about your current symptoms and functional limits accurately, without minimizing or exaggerating. Everything you say goes into a report written for the defense.
Can the defense make me sit for a psychological examination?
Not by demand. Every mental examination requires a noticed motion and good cause under Code of Civil Procedure sections 2032.310 and 2032.320. If you stipulate that you claim no emotional distress beyond what normally accompanies your physical injuries, the court can order a mental exam only on a showing of exceptional circumstances.
Talk to a Los Angeles Injury Attorney Before Your Defense Medical Exam
The insurance company has already picked its doctor. You should have someone in the room, and someone who calendared the 20-day deadline the day the demand arrived. Borna Houman Law handles personal injury cases throughout Los Angeles County and prepares every client before they walk in. Call (888) 42-BORNA for a free consultation. You pay nothing unless we recover for you.
This article is for informational purposes only. This is not legal advice. Consult an attorney about your specific situation. Every case is different, and no result is guaranteed.