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Civil Procedure

Sep. 4, 2026

Defense mental examinations in California personal injury litigation: Raw test data and audio recording

Plaintiffs' counsel who master the law governing defense mental examinations can limit unwarranted examinations and obtain the recordings and raw test data essential to effectively cross-examine defense experts.

Greg A. Jackson

Partner and Managing Attorney
The Simon Law Group

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Defense mental examinations in California personal injury litigation: Raw test data and audio recording
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Defense mental examinations (DMEs) present recurring disputes in California civil litigation. Plaintiffs' counsel who master the governing statutes and case law can both limit unwarranted examinations and secure the audio recording and raw test data necessary for effective cross-examination.

I. The statutory framework

Code of Civil Procedure Section 2032.310 requires a party seeking a mental examination to obtain leave of court. Th...

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