What You Need to Know About Expert Witness Disclosure in California
Any party has the right to access all expert witness information. Here’s everything you need to know about expert witness disclosure in California.
All parties in a case may receive expert witness information. There is a process for how to make expert witness demands. Once the demand is made, all parties must disclose the expert witness information.
Rules Regarding Expert Witness Disclosure
After a trial date is set, any party may demand the simultaneous and fair exchange of information regarding intended expert witnesses. California Code of Civil Procedure §2034.210(b) defines “experts” as parties, employees of a party, or witnesses who have been retained to express an opinion as part of the litigation. Parties may also demand the production of all discoverable reports and writings made while preparing the expert’s opinion.
Any party in the case may make a demand for the exchange of expert witness information. Only one party in the case needs to make this demand. Once any party makes a demand, all parties must simultaneously disclose their expert witness information to all other parties in the case.
This exchange provides opposing parties with enough information and time to prepare for trial. Expert witnesses will generally have specialized knowledge of a scientific or technical field. By receiving information about the witness and their intended testimony ahead of time, opposing parties can research the expert, depose the expert, and gather information and evidence in the specialized field that may be useful for cross-examination.
Related: What Is an Insurance Bad Faith Expert?
Process for Demanding Expert Witness Information
Step 1: Prepare the demand.
There is no official form for this procedure. However, the document must be typed on a 28-line pleading paper. Here is a customizable template.
California law has strict timelines for the demand and exchange of expert witness information. The party demanding the exchange of witness information will need to determine two separate dates:
Date of demand: California Code of Civil Procedure §2034.220 holds that a demand must be made no later than on the 10th day after the initial trial date is set, or 70 days before the trial date, whichever is closer to the trial date. If that day falls on a Saturday, Sunday, or court holiday, the last day to make a demand is the next court day closer to the trial date.
Date of exchange: California Code of Civil Procedure §2034.230(b) states that lists must be exchanged 50 days before the trial date, or 20 days after service of demand, whichever is closer to the trial date. If it is on the weekend or court holiday, the last day to provide the list is the next court day closer to the trial date—unless the court orders an earlier or later exchange.
Step 2: Make copies of the forms.
Make one copy of the demand for each party in the case.
Step 3: Have the demand served.
A copy of the demand must be served on each attorney or self-represented party in the case. Service may be completed by mail or by a person over 18 years old, but it must be done by someone who is not a party to the case.
The person who serves the demand must complete a proof of service form, typically a Proof of Service by First Class Mail (POS-030).
Step 4: Exchange expert witness information.
Each party must disclose information about all experts whose testimony will be used at trial. Once a demand is made, all parties must simultaneously exchange the names and addresses of every person who will offer an expert opinion in the trial. This exchange may occur at a meeting of the attorneys and self-represented parties in the case, or by mail.
If any of the experts is a party, employee of a party, or expert retained for the purpose of providing an expert opinion at trial, the exchange of information must also include an “expert witness declaration.” This declaration is a statement signed by the attorney or self-represented party that provides information about the expert’s qualifications and a brief description of the expert’s anticipated testimony. The declaration also includes information about the expert’s fees, and assurances that the expert has agreed to testify and will be sufficiently familiar with the case to provide meaningful testimony.
Finally, if any party does not intend to offer the testimony of an expert witness, the party should state this fact.
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