SECTIONS 2034.610-2034.630 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2034.610-2034.630

2034.610. (a) On motion of any party who has engaged in a timely
exchange of expert witness information, the court may grant leave to
do either or both of the following:
(1) Augment that party's expert witness list and declaration by
adding the name and address of any expert witness whom that party has
subsequently retained.
(2) Amend that party's expert witness declaration with respect to
the general substance of the testimony that an expert previously
designated is expected to give.
(b) A motion under subdivision (a) shall be made at a sufficient
time in advance of the time limit for the completion of discovery
under Chapter 8 (commencing with Section 2024.010) to permit the
deposition of any expert to whom the motion relates to be taken
within that time limit. Under exceptional circumstances, the court
may permit the motion to be made at a later time.
(c) The motion shall be accompanied by a meet and confer
declaration under Section 2016.040.

2034.620. The court shall grant leave to augment or amend an expert
witness list or declaration only if all of the following conditions
are satisfied:
(a) The court has taken into account the extent to which the
opposing party has relied on the list of expert witnesses.
(b) The court has determined that any party opposing the motion
will not be prejudiced in maintaining that party's action or defense
on the merits.
(c) The court has determined either of the following:
(1) The moving party would not in the exercise of reasonable
diligence have determined to call that expert witness or have decided
to offer the different or additional testimony of that expert
witness.
(2) The moving party failed to determine to call that expert
witness, or to offer the different or additional testimony of that
expert witness as a result of mistake, inadvertence, surprise, or
excusable neglect, and the moving party has done both of the
following:
(A) Sought leave to augment or amend promptly after deciding to
call the expert witness or to offer the different or additional
testimony.
(B) Promptly thereafter served a copy of the proposed expert
witness information concerning the expert or the testimony described
in Section 2034.260 on all other parties who have appeared in the
action.
(d) Leave to augment or amend is conditioned on the moving party
making the expert available immediately for a deposition under
Article 3 (commencing with Section 2034.410), and on any other terms
as may be just, including, but not limited to, leave to any party
opposing the motion to designate additional expert witnesses or to
elicit additional opinions from those previously designated, a
continuance of the trial for a reasonable period of time, and the
awarding of costs and litigation expenses to any party opposing the
motion.

2034.630. 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 to augment or
amend expert witness information, 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.