Section § 2034.210

Explanation

Once a trial date is set, any party involved in a lawsuit can request an exchange of information about the expert witnesses each side plans to use at trial. This includes providing a list of names and addresses of all expert witnesses. If an expert is directly involved with a party, like being an employee or hired to form an expert opinion, there must be an accompanying declaration with detailed information as outlined by law. Additionally, parties can request access to reports and writings from these experts that were created while preparing their testimony.

After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other’s expert trial witnesses to the following extent:
(a)CA Civil Procedure Code § 2034.210(a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.
(b)CA Civil Procedure Code § 2034.210(b) If any expert designated by a party under subdivision (a) is a party or an employee of a party, or has been retained by a party for the purpose of forming and expressing an opinion in anticipation of the litigation or in preparation for the trial of the action, the designation of that witness shall include or be accompanied by an expert witness declaration under Section 2034.260.
(c)CA Civil Procedure Code § 2034.210(c) Any party may also include a demand for the mutual and simultaneous production for inspection and copying of all discoverable reports and writings, if any, made by any expert described in subdivision (b) in the course of preparing that expert’s opinion.

Section § 2034.220

Explanation

If you're involved in a court case and need details about the other side's expert witnesses, you can ask for that information without needing a judge's permission. Just make sure you request it by either 10 days after the trial date is first scheduled or 70 days before the trial date, depending on which timing is closer to the trial date.

Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date.

Section § 2034.230

Explanation

This law section explains how one party in a lawsuit can formally ask the other party to exchange information about their expert trial witnesses. This request must be made in writing and clearly state it is for exchanging expert witness information. The exchange of information, including witness lists and declarations, must occur either 50 days before the trial or 20 days after the request, whichever is sooner, unless the court decides otherwise.

(a)CA Civil Procedure Code § 2034.230(a) A demand for an exchange of information concerning expert trial witnesses shall be in writing and shall identify, below the title of the case, the party making the demand. The demand shall state that it is being made under this chapter.
(b)CA Civil Procedure Code § 2034.230(b) The demand shall specify the date for the exchange of lists of expert trial witnesses, expert witness declarations, and any demanded production of writings. The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange.

Section § 2034.240

Explanation

If you want to exchange information about expert witnesses for a trial, you must send your request to all the other parties involved in the case who have shown up.

The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.

Section § 2034.250

Explanation

If you've been asked to exchange expert witness info for a trial, you can quickly ask the court to protect you from having to do so under certain annoying or burdensome conditions. You must first try to resolve this issue through a discussion with the other party. The court can change the rules about the timing, location, and conditions of sharing this info. However, if your request for protection is denied, the court might force you to share the info on different terms. Also, if you lose your request without a good reason, you might have to pay a penalty unless you had a solid justification or specific circumstances that would make the penalty unfair.

(a)CA Civil Procedure Code § 2034.250(a) A party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b)CA Civil Procedure Code § 2034.250(b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions:
(1)CA Civil Procedure Code § 2034.250(b)(1) That the demand be quashed because it was not timely served.
(2)CA Civil Procedure Code § 2034.250(b)(2) That the date of exchange be earlier or later than that specified in the demand.
(3)CA Civil Procedure Code § 2034.250(b)(3) That the exchange be made only on specified terms and conditions.
(4)CA Civil Procedure Code § 2034.250(b)(4) That the production and exchange of any reports and writings of experts be made at a different place or at a different time than specified in the demand.
(5)CA Civil Procedure Code § 2034.250(b)(5) That some or all of the parties be divided into sides on the basis of their identity of interest in the issues in the action, and that the designation of any experts as described in subdivision (b) of Section 2034.210 be made by any side so created.
(6)CA Civil Procedure Code § 2034.250(b)(6) That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210.
(c)CA Civil Procedure Code § 2034.250(c) If the motion for a protective order is denied in whole or in part, the court may order that the parties against whom the motion is brought, provide or permit the discovery against which the protection was sought on those terms and conditions that are just.
(d)CA Civil Procedure Code § 2034.250(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Section § 2034.260

Explanation

Parties involved in a legal action must share information about any expert witnesses they plan to use before the trial. This sharing of information must happen in writing by a specific date. It can be done by meeting with other parties' attorneys or through specific delivery methods. The exchange includes either a list of experts or a statement saying no expert will be used. If using an expert, parties must also provide a signed declaration with the expert's qualifications, what they will testify about, their agreement to testify, their readiness for deposition, and their fees.

(a)CA Civil Procedure Code § 2034.260(a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving the information on the other party by any method specified in Section 1011 or 1013, on or before the date of exchange.
(b)CA Civil Procedure Code § 2034.260(b) The exchange of expert witness information shall include either of the following:
(1)CA Civil Procedure Code § 2034.260(b)(1) A list setting forth the name and address of a person whose expert opinion that party expects to offer in evidence at the trial.
(2)CA Civil Procedure Code § 2034.260(b)(2) A statement that the party does not presently intend to offer the testimony of an expert witness.
(c)CA Civil Procedure Code § 2034.260(c) If a witness on the list is an expert as described in subdivision (b) of Section 2034.210, the exchange shall also include or be accompanied by an expert witness declaration signed only by the attorney for the party designating the expert, or by that party if that party has no attorney. This declaration shall be under penalty of perjury and shall contain all of the following:
(1)CA Civil Procedure Code § 2034.260(c)(1) A brief narrative statement of the qualifications of each expert.
(2)CA Civil Procedure Code § 2034.260(c)(2) A brief narrative statement of the general substance of the testimony that the expert is expected to give.
(3)CA Civil Procedure Code § 2034.260(c)(3) A representation that the expert has agreed to testify at the trial.
(4)CA Civil Procedure Code § 2034.260(c)(4) A representation that the expert will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the specific testimony, including an opinion and its basis, that the expert is expected to give at trial.
(5)CA Civil Procedure Code § 2034.260(c)(5) A statement of the expert’s hourly and daily fee for providing deposition testimony and for consulting with the retaining attorney.

Section § 2034.270

Explanation

This law says that if you request information about expert witnesses for a trial, including their reports and writings, everyone involved must share all the reports and writings made by those experts. This must happen at the place and on the date specified in the request.

If a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings as described in subdivision (c) of Section 2034.210, all parties shall produce and exchange, at the place and on the date specified in the demand, all discoverable reports and writings, if any, made by any designated expert described in subdivision (b) of Section 2034.210.

Section § 2034.280

Explanation

If a party wants to introduce a new expert witness after the initial exchange of expert lists, they have 20 days to update their list with the names and addresses of these experts. This is allowed if they haven't already chosen an expert for that specific topic. They need to include an official statement and any related reports from the new experts. Also, these new experts must be available for questioning, even if the usual time frame to do so has passed.

(a)CA Civil Procedure Code § 2034.280(a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.
(b)CA Civil Procedure Code § 2034.280(b) This supplemental list shall be accompanied by an expert witness declaration under subdivision (c) of Section 2034.260 concerning those additional experts, and by all discoverable reports and writings, if any, made by those additional experts.
(c)CA Civil Procedure Code § 2034.280(c) The party shall also make those experts available immediately for a deposition under Article 3 (commencing with Section 2034.410), which deposition may be taken even though the time limit for discovery under Chapter 8 (commencing with Section 2024.010) has expired.

Section § 2034.290

Explanation

In California, when asking for information about expert witnesses for a trial, parties must not file these requests or the related expert lists and declarations with the court. Instead, the person requesting information should keep the originals for six months after the case is closed. After that, they can destroy them unless the court decides they should be kept longer. However, if the details of these documents become important to any issue in the ongoing case, they need to be submitted to the court.

(a)CA Civil Procedure Code § 2034.290(a) A demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged shall not be filed with the court.
(b)CA Civil Procedure Code § 2034.290(b) The party demanding the exchange shall retain both the original of the demand, with the original proof of service affixed, and the original of all expert witness lists and declarations exchanged in response to the demand until six months after final disposition of the action. At that time, all originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.
(c)CA Civil Procedure Code § 2034.290(c) Notwithstanding subdivisions (a) and (b), a demand for exchange of information concerning expert trial witnesses, and all expert witness lists and declarations exchanged in response to it, shall be lodged with the court when their contents become relevant to an issue in any pending matter in the action.

Section § 2034.300

Explanation

If a party doesn't properly list their expert witness, file their expert's declaration, share the expert's reports, or make the expert available for a deposition, the court can decide not to allow that expert's opinion in trial. This applies if these steps weren't done reasonably and the other party did follow the rules.

Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following:
(a)CA Civil Procedure Code § 2034.300(a) List that witness as an expert under Section 2034.260.
(b)CA Civil Procedure Code § 2034.300(b) Submit an expert witness declaration.
(c)CA Civil Procedure Code § 2034.300(c) Produce reports and writings of expert witnesses under Section 2034.270.
(d)CA Civil Procedure Code § 2034.300(d) Make that expert available for a deposition under Article 3 (commencing with Section 2034.410).

Section § 2034.310

Explanation

If a party wants to call an expert witness at trial who they didn't previously mention, they can do so in two situations. First, if the expert was already named and questioned by another party. Second, if the expert is needed to challenge the facts behind another party's expert's opinion, but not the opinion itself.

A party may call as a witness at trial an expert not previously designated by that party if either of the following conditions is satisfied:
(a)CA Civil Procedure Code § 2034.310(a) That expert has been designated by another party and has thereafter been deposed under Article 3 (commencing with Section 2034.410).
(b)CA Civil Procedure Code § 2034.310(b) That expert is called as a witness to impeach the testimony of an expert witness offered by any other party at the trial. This impeachment may include testimony to the falsity or nonexistence of any fact used as the foundation for any opinion by any other party’s expert witness, but may not include testimony that contradicts the opinion.