Today's Law As Amended


PDF |Add To My Favorites | print page

SB-755 Civil discovery: mental examination.(2017-2018)



As Amends the Law Today
As Amends the Law on Nov 27, 2017


SECTION 1.

 Section 2032.020 of the Code of Civil Procedure is amended to read:

2032.020.
 (a) Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action.
(b) A physical examination conducted under this chapter shall be performed only by a licensed physician or other appropriate licensed health care practitioner.
(c) (1) A mental examination conducted under this chapter shall be performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders.
(2) If an action involves allegations of sexual abuse of a minor, including any act listed in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 1002, and the examinee is less than 15 years of age, the licensed physician or clinical psychologist shall have expertise in child abuse and trauma.

SEC. 2.

 Section 2032.340 is added to the Code of Civil Procedure, to read:

2032.340.
 (a) If any action involving allegations of sexual abuse of a minor, including any act listed in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 1002, the mental examination of a child less than 15 years of age shall not exceed three hours, inclusive of breaks.
(b) Notwithstanding subdivision (a), the court may grant an extension of the three-hour limit for good cause.