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

2. 2 …anything but independent…

3. 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. 4 IMEs Federal Court  Parties stipulate or  By leave of court

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

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

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

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

9. 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. 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. 11 SUMMARY IME Purposes, Procedures PREVIEW Expert Discovery