Q: I have a question about this ccp 1464. Specifically, the article uses the word notice twice.
It is clear that the party has to give notice to the person to be examined. ("upon notice to the person to be examined")
But the line right above it - says
...."provided the party has given notice of intention to use such an expert"
What does this mean? Does it mean that if the party himself (injured plaintiff) has no intent/given notice to use a voc expert, then the other party (defendant) cannot force him to submit to a voc expert examination? The language of the statue is confusing. If a plaintiff is injured and claiming lost wages but does not intend to use a voc expert himself, does this mean that defendant is also prohibited from subjecting plaintiff to an examination by a voc expert? The terms parties and intent are thrown around in the statue in a hodgepodge manner, so its unclear which party is which, and who needs to give notice to who.
A: This is an IME statute which applies to personal injury, interdiction and family law cases.
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