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CALIFORNIA CIVIL LITIGATION INDEPENDENT MEDICAL EXAMINATIONS

CALIFORNIA CIVIL LITIGATION INDEPENDENT MEDICAL EXAMINATIONS. …anything but independent…. IMEs. State Court Of plaintiff by right Of defendant with leave of court Physical IME by right Mental IME by leave of court. IMEs. Federal Court Parties stipulate or By leave of court. PURPOSE.

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CALIFORNIA CIVIL LITIGATION INDEPENDENT MEDICAL EXAMINATIONS

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  1. CALIFORNIACIVILLITIGATIONINDEPENDENT MEDICAL EXAMINATIONS © 2005 by Thomson Delmar Learning. All Rights Reserved.

  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 plaintiffas 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

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