CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010. - 2034.730.]

Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23.

§§ 2034.010–2034.730 · 26 sections

1. ARTICLE 1. General Provisions § 2034.010 · 1 section

   • § 2034.010 This chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings under Chapter 7 (commencing with Section…
2. ARTICLE 2. Demand for Exchange of Expert Witness Information §§ 2034.210–2034.310 · 11 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
3. ARTICLE 3. Deposition of Expert Witness §§ 2034.410–2034.470 · 8 sections

   • § 2034.410 On receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures for taking oral and…
   • § 2034.415 An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days…
   • § 2034.420 The deposition of any expert described in subdivision (b) of Section 2034.210 shall be taken at a place that is within 75 miles of the courthouse where the…
   • § 2034.430 (a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who is any of the…
   • § 2034.440 The party designating an expert is responsible for any fee charged by the expert for preparing for a deposition and for traveling to the place of the…
   • § 2034.450 (a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert’s fee based on…
   • § 2034.460 (a) The service of a proper deposition notice accompanied by the tender of the expert witness fee described in Section 2034.430 is effective to require the…
   • § 2034.470 (a) If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing…
4. ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration §§ 2034.610–2034.630 · 3 sections

   • § 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:…
   • § 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…
   • § 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…
5. ARTICLE 5. Motion To Submit Tardy Expert Witness Information §§ 2034.710–2034.730 · 3 sections

   • § 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…
   • § 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…
   • § 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…