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Demanding expert witness information in California

by Stan Burman

Demanding expert witness information in California is the topic of this blog post.

Demanding expert witness information in California can be done after the initial trial date has been set.

Demanding expert witness information in California is an excellent way for a party to demand that the other party disclose all expert witnesses that they intend to call as witnesses at the trial as well as permit inspection and copying of all discoverable reports and writings, if any, made by any expert designated by the other party in the course of preparing that expert’s opinion.

Law that authorizes demanding expert witness information in California.

Demanding expert witness information in California is authorized by the provisions of Code of Civil Procedure section 2034.210 which states 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 following extent:

(a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.

(b) If any expert designated by a party under subdivision (a) is a party or an employee of a party, or has been retained by a party for the purpose of forming and expressing an opinion in anticipation of the litigation or in preparation for the trial of the action, the designation of that witness shall include or be accompanied by an expert witness declaration under Section 2034.260.

(c) Any party may also include a demand for the mutual and simultaneous production for inspection and copying of all discoverable reports and writings, if any, made by any expert described in subdivision (b) in the course of preparing that expert’s opinion.”

Timeframe for demanding expert witness information in California.

Demanding expert witness information in California must be done within a certain timeframe as specified in California law.

Code of Civil Procedure § 2034.220 states that,

"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 than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date.”

If the demand for expert witness information in California is served by mail an additional five (5) calendar days must be added pursuant to Code of Civil Procedure § 1013(a) which applies to all discovery methods and states that the time for performing any act is extended by five days when the demand or notice is served by mail within the state.

A demand for expert witness information in California must also contain certain information required by Code of Civil Procedure § 2034.230 which states that,

“(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 making the demand. The demand shall state that it is being made under this chapter.

(b) The demand shall specify the date for the exchange of lists of expert trial witnesses, expert witness declarations, and any demanded production of writings. The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange.”

A demand for expert witness information in California must be served on all other parties who have made a general appearance in the action pursuant to Code of Civil Procedure §  2034.240 which states that, “The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.”

Sample document demanding expert witness information in California for sale.

Attorneys or parties in California that would like to view a portion of a 5 page sample demand for expert witness information in California containing brief instructions and a proof of service by mail sold by the author can see below.

Sample Demand for Exchange of Expert Witness Information in California by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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