Legal Question in Civil Litigation in California

medical examination

Three hundred miles is harassment.

You can file a motion to the judge arguing that 300 miles is unduly burdensome and harassing for an IME. Generally, 75 miles is the limit for reasonable travel.

Re: How far can I be required to go for a medical examination?

Both Mr. Pavone and Mr. Somit have provided you complete

answers so I will not repeat them. However, it

troubles me that you are not represented by an attorney or

if you are he is not answering your questions.

If you are a plaintiff in a lawsuit dealing with a

defense attorney you are a brave person and it sounds

like the attorney is walking all over you. I am

not sure of your reason for not retaining counsel, but

you might want to atleast have an attorney that you

can consult with when situations such as this arise.

I am located in San Luis Obispo, but I practice

throughout the state of California. I have an email

address and an 800 number which is 888-5netlaw. I would

be happy to talk with you regarding your rights in

this lawsuit and to advice you on situations such

as these. Please feel free to contact me for a free

consultation. I look forward to speaking with you.

Re: How far can I be required to go for a medical examination?

Code of Civil Procedure Section 2032(c)(2) provides that a defendant may

demand a physical exam (one), which does not include any diagnostic test or procedure that is paintful, protracted

or intrusive, "and is conducted within 75 miles of the residence of

the examinee." The defendant will need a court order, or your consent,

for an examination farther away. You must make your objection within

20 days of service of the demand, but can be relieved of the resulting

waiver on application to the Court.