SECTIONS 2034.710-2034.730 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2034.710-2034.730

2034.710. (a) On motion of any party who has failed to submit
expert witness information on the date specified in a demand for that
exchange, the court may grant leave to submit that information on a
later date.
(b) A motion under subdivision (a) shall be made 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.

2034.720. The court shall grant leave to submit tardy expert
witness information 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 absence of a 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 that the moving party did all of the
following:
(1) Failed to submit the information as the result of mistake,
inadvertence, surprise, or excusable neglect.
(2) Sought leave to submit the information promptly after learning
of the mistake, inadvertence, surprise, or excusable neglect.
(3) Promptly thereafter served a copy of the proposed expert
witness information described in Section 2034.260 on all other
parties who have appeared in the action.
(d) The order 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.

2034.730. 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 submit tardy
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.