Code of Civil Procedure § 2034.210 – Demand for Exchange of Expert Witness Information
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Code of Civil Procedure § 2034.210 – Demand for Exchange of Expert Witness Information
Code of Civil Procedure – CCP
PART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )TITLE 4. CIVIL DISCOVERY ACT [2016.010 – 2036.050]
( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. )CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 – 2034.730]
( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. )ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 – 2034.310]
( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )California Law
2034.210.
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) 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) 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) 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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
California Law Summary
This statute establishes the deadline for disclosing expert witnesses in civil litigation. It requires that:
A party must serve a list of expert witnesses expected to testify at trial,
The list must be served on all other parties no later than 50 days before the initial trial date,
Or 20 days after service of a demand for exchange of expert witness information, whichever is closer to the trial date.
Purpose
To ensure fair and timely disclosure of expert testimony, allowing all parties sufficient opportunity to prepare for trial, conduct expert depositions, and evaluate or challenge the opinions offered. This promotes transparency and reduces trial surprises.
Application
This rule applies when expert witnesses are anticipated for trial. A party must:
Serve a timely and complete disclosure of all experts they intend to call,
Include the expert’s name, address, and a brief statement of their expected testimony.
Failure to disclose experts within the required time frame may result in exclusion of the expert’s testimony at trial, unless the party shows good cause or lack of prejudice.
