0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 2034.010 Section 2034.010
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This chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings under Chapter 7 (commencing with Section 1258.010) of Title 7 of Part 3.
Code Civ. Proc. § 2034.210 Section 2034.210
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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 …
Code Civ. Proc. § 2034.220 Section 2034.220
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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 …
Code Civ. Proc. § 2034.230 Section 2034.230
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(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 f…
Code Civ. Proc. § 2034.240 Section 2034.240
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The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.
Code Civ. Proc. § 2034.250 Section 2034.250
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(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 shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may mak…
Code Civ. Proc. § 2034.260 Section 2034.260
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(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 in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving …
Code Civ. Proc. § 2034.270 Section 2034.270
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If a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings as described in subdivision (c) of Section 2034.210, all parties shall produce and exchange, at the place and on the date specified in the demand,…
Code Civ. Proc. § 2034.280 Section 2034.280
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(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 containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated b…
Code Civ. Proc. § 2034.290 Section 2034.290
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(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 the court. (b) The party demanding the exchange shall retain both the original of the demand, with the original proof of …
Code Civ. Proc. § 2034.300 Section 2034.300
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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 who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the exp…
Code Civ. Proc. § 2034.310 Section 2034.310
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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 has been designated by another party and has thereafter been deposed under Article 3 (commencing with Section 2034.410). (b…
Code Civ. Proc. § 2034.410 Section 2034.410
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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 written depositions set forth in Chapters 9 (commencing with Section 2025.010), 10 (commencing with Section 2026.010), and 11 (…
Code Civ. Proc. § 2034.415 Section 2034.415
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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 before his or her deposition, produce any materials or category of materials, including any electronically stored informati…
Code Civ. Proc. § 2034.420 Section 2034.420
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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 action is pending. On motion for a protective order by the party designating an expert witness, and on a showing of exceptio…
Code Civ. Proc. § 2034.430 Section 2034.430
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(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 following: (1) An expert described in subdivision (b) of Section 2034.210. (2) A treating physician and surgeon or other treating …
Code Civ. Proc. § 2034.440 Section 2034.440
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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 deposition, as well as for any travel expenses of the expert.
Code Civ. Proc. § 2034.450 Section 2034.450
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(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 the anticipated length of the deposition, or tender that fee at the commencement of the deposition. (b) The expert’s fee…
Code Civ. Proc. § 2034.460 Section 2034.460
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(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 party employing or retaining the expert to produce the expert for the deposition. (b) If the party noticing the deposition f…
Code Civ. Proc. § 2034.470 Section 2034.470
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(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 deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this mo…
Code Civ. Proc. § 2034.610 Section 2034.610
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(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: (1) Augment that party’s expert witness list and declaration by adding the name and address of any expert witness whom t…
Code Civ. Proc. § 2034.620 Section 2034.620
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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 taken into account the extent to which the opposing party has relied on the list of expert witnesses. (b) The court has d…
Code Civ. Proc. § 2034.630 Section 2034.630
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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 augment or amend expert witness information, unless it finds that the one subject to the sanction a…
Code Civ. Proc. § 2034.710 Section 2034.710
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(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 …
Code Civ. Proc. § 2034.720 Section 2034.720
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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 det…
Code Civ. Proc. § 2034.730 Section 2034.730
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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…