SECTIONS 2034.210-2034.310 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2034.210-2034.310

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.

2034.220. 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.

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.

2034.240. The party demanding an exchange of information concerning
expert trial witnesses shall serve the demand on all parties who
have appeared in the action.

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) 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) That the demand be quashed because it was not timely served.
(2) That the date of exchange be earlier or later than that
specified in the demand.
(3) That the exchange be made only on specified terms and
conditions.
(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) 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) 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) 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) 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.

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 a mailing on or before the date of exchange.
(b) The exchange of expert witness information shall include
either of the following:
(1) A list setting forth the name and address of any person whose
expert opinion that party expects to offer in evidence at the trial.
(2) A statement that the party does not presently intend to offer
the testimony of any expert witness.
(c) If any 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:
(1) A brief narrative statement of the qualifications of each
expert.
(2) A brief narrative statement of the general substance of the
testimony that the expert is expected to give.
(3) A representation that the expert has agreed to testify at the
trial.
(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 any opinion and its
basis, that the expert is expected to give at trial.
(5) A statement of the expert's hourly and daily fee for providing
deposition testimony and for consulting with the retaining attorney.

2034.270. 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.

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) 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) 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.

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) 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) 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.

2034.300. 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) List that witness as an expert under Section 2034.260.
(b) Submit an expert witness declaration.
(c) Produce reports and writings of expert witnesses under Section
2034.270.
(d) Make that expert available for a deposition under Article 3
(commencing with Section 2034.410).

2034.310. 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) That expert has been designated by another party and has
thereafter been deposed under Article 3 (commencing with Section
2034.410).
(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.