Code of Civil Procedure § 2034.230 – Time for Exchange of Expert Witness Information
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Code of Civil Procedure § 2034.230 – Time 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
2034.230.
(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) 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.
(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 outlines the required content of a party’s expert witness declaration when disclosing retained experts expected to testify at trial. It mandates that the declaration for each retained expert must include:
The expert’s qualifications,
The general substance of expected testimony,
The substance of the facts and opinions the expert will testify to,
A summary of the grounds for each opinion, and
The expert’s hourly or daily fee for providing testimony at deposition and trial.
Purpose
To ensure comprehensive and transparent expert disclosures that allow opposing parties to assess the scope, basis, and cost of the proposed expert testimony. This facilitates efficient case preparation, fair expert discovery, and limits surprises during trial.
Application
This provision applies when a party intends to call a retained expert witness at trial. The expert must be disclosed through a signed declaration that includes all required information. The declaration must accompany the expert witness list served under § 2034.210 and § 2034.220.
Failure to provide a proper declaration may result in the exclusion of the expert’s testimony at trial unless the party demonstrates good cause and lack of prejudice.
