© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION INDEPENDENT MEDICAL EXAMINATIONS

2 …anything but independent…

3 IMEs State Court  Of plaintiff by right  Of defendant with leave of court  Physical IME by right  Mental IME by leave of court

4 IMEs Federal Court  Parties stipulate or  By leave of court

5 PURPOSE Permit examination of physical or mental condition at issue in pleadings. Evaluate condition alleged by plaintiff as injury.

6 DEMAND RULES State Court  Caption  Demand date, professional, tests  30–35 days’ notice

7 DEMAND TIMING  After hold  Before cutoff  30–35 days’ notice

8 RESPONSE TO DEMAND  Written response  Objections, if any  20/25 days from service of demand  May request copy report

9 REPORTS If requested by plaintiff:  Defendant and plaintiff must disclose reports.  Plaintiff must disclose consultants.  Defendant must provide report in 30–35 days.  Obligation to update.

10 EXAMINATION PROCEDURES  Exam by licensed professional  Appropriate tests by others  Physical IME – third person may attend  Mental IME – no third party, but may be recorded

11 SUMMARY IME Purposes, Procedures PREVIEW Expert Discovery