Exchange of Expert Witness Information

Part 4, Title 4, Chapter 18 of the Code of Civil Procedure deals with the simultaneous exchange of expert witness information. Article 1 specifies general provisions. Section 2034.010 states that this chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings.

Article 2 deals with the demand for exchange of expert witness information. Section 2034.210 provides that, 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 extent specified in three subdivisions.

Section 2034.220 allows any party to make a demand for an exchange of information concerning expert trial witnesses without leave of court within specified time periods.

Section 2034.230 states that a demand for an exchange of information concerning expert trial witnesses must be in writing and identify, below the title of the case, the party making the demand. The demand specifies the date for exchange, declarations, and any writings within specified time periods.

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

Section 2034.250 allows a party who has been served with a demand to exchange information concerning expert trial witnesses to promptly move for a protective order. The may issue the order which can include half a dozen specified directions.

Section 2034.260 requires all parties who have appeared in the action to 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 serving the information on the other party by any method specified. The exchange of witness information must include specified items.

Section 2034.270 provides that, if a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings, all parties are required to produce and exchange all discoverable reports and writings.

Section 2034.280 specifies that that 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.

Section 2034.290 states that a demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged cannot be filed with the court.

Section 2034.300 provides that, on objection of any party who has made a complete and timely compliance with the law, the trial court must exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of four specified actions.

Section 2034.310 allows a party to call as a witness at trial an expert not previously designated by that party if either of two specified conditions are satisfied.