(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court that issued the writ of attachment.
(b) A person sought to be examined may not be required to attend an examination before a court located outside the county in which the person resides or has a place of business unless the distance from the person’s place of residence or place of business to the place of examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a place of business in the county where the court that issued the writ is located, the superior court in the county where the person resides or has a place of business is a proper court for examination of the person.
(d) If the plaintiff seeks an examination of a person before a court other than the court that issued the writ, the plaintiff shall file an application that shall include all of the following:
(1) A certified copy of the complaint in the pending action.
(2) An affidavit in support of the application stating the place of residence or place of business of the person sought to be examined.
(3) Any necessary affidavit or showing for the examination as required by Section 491.110.
(4) The filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.
(Amended by Stats. 2005, Ch. 75, Sec. 33. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
Last modified: October 25, 2018