Discovery in Eminent Domain

Code of Civil Procedure Part 3, Title 7, Chapter 7, Article 1 deals with discovery I California’s eminent domain law, including the exchange of valuation data.

Section 1258.010 states that the provisions of this chapter supplement but do not replace, restrict, or prevent the use of discovery procedures or limit the matters that are discoverable in eminent domain proceedings.

Section 1258.020 provides that proceedings may be had without requirement of court order and may proceed until not later than 20 days prior to the day set for trial of the issue of compensation. A party to an exchange of lists of expert witnesses and statements of valuation data may after the time of the exchange obtain discovery from the other party to the exchange and from any person listed by him as an expert witness.

Section 1258.030 provides that nothing in this chapter makes admissible any evidence that is not otherwise admissible or permits a witness to base an opinion on any matter that is not a proper basis for such an opinion.