SB 628

This bill makes changes to the scope of, and procedure for, discovery in civil

cases where the mental or physical condition of a party is in issue. Under current

law, if a claimant raises an issue involving his or her mental or physical condition,

the court may, upon a motion and notice from the defending party, order the claimant

to undergo a physical, mental, or vocational examination. Under current law, the

court order specifies the time, place, manner, conditions, and scope of the

examination.

Current law requires the court to order a claimant who seeks damages for

personal injuries to give the defending party, and any physician named in the order,

permission to inspect the claimant's X-rays and hospital or medical records and

reports, unless the X-rays, records, or reports are beyond the scope of general

discovery in the case. Under current law, the defending party must give a copy of any

report he or she receives from the person who conducted the examination of the

claimant or the inspection of the claimant's X-rays, records, or reports to the

claimant. If the defending party does not give a copy of the report to the claimant

within ten days after he or she receives it, the defending party may not introduce at

trial any evidence that the defending party obtained from the examination or

inspection.

Under this bill, if a claimant raises an issue involving his or her mental or

physical condition, the court may order the claimant to undergo one physical,

mental, or vocational examination, unless the defending party shows good cause for

the claimant to undergo more than one examination. Under the bill, the order for

the examination must do all of the following: 1) specify the time, place, manner,

conditions, and scope of the examination, and identify who will conduct the

examination; 2) prohibit the person who is conducting the examination from

inquiring into any issue relating to liability in the underlying action; 3) allow the

claimant to record the examination electronically and have one or more witnesses

present at the examination; 4) require the examination to be conducted within 100

miles of where the claimant lives, is employed, or transacts business, 5) require the

defending party to pay the claimant's expenses relating to the examination,

including travel expenses, child care expenses, and a minimum of $30 per hour.

Under the bill, if a claimant seeks damages for personal injuries, a court may

order the claimant to give the defending party, and any physician named in the order,

permission to inspect any X-rays or hospital or medical records and reports that

were taken in the course of diagnosing or treating the injuries for which the claimant

seeks damages. If the defending party seeks additional discovery, the bill requires

the defending party to prove, by clear, satisfactory, and convincing evidence to a

reasonable certainty, that the additional discovery is essential to the defense relating

to the cause of the claimant's injuries and that the discovery relates to a pre-existing

condition that is at least substantially similar to the injuries for which the claimant