Code of Civil Procedure § 2034.415 – Production of Expert Materials Prior to Deposition
Free Consultation Request
Code of Civil Procedure § 2034.415 – Production of Expert Materials Prior to Deposition
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 3. Deposition of Expert Witness [2034.410 – 2034.470]
( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )
California Law
2034.415.
An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice.
(Added by Stats. 2016, Ch. 467, Sec. 3. (AB 2427) Effective January 1, 2017.)
California Law Summary
This statute mandates that a retained expert witness—as described in subdivision (b) of Section 2034.210—whose deposition is noticed under Section 2025.220 must produce all materials or categories of materials, including electronically stored information (ESI), requested in the deposition notice no later than three business days before the deposition.
Purpose
To enhance the efficiency and fairness of expert depositions by ensuring that all requested materials are provided in advance. This allows the deposing party adequate time to review the materials, reducing delays and promoting a more organized and effective deposition process.
Application
This rule applies when a party notices the deposition of a retained expert witness. The expert is required to:
Produce all materials specified in the deposition notice, including any ESI,
Ensure that these materials are delivered to the requesting party at least three business days prior to the scheduled deposition.
Failure to comply with this requirement may lead to motions to compel production, sanctions, or limitations on the expert’s testimony.
