Article 5 - Motion To Submit Tardy Expert Witness Information

California Code of Civil Procedure — §§ 2034.710-2034.730

Sections (3)

§ 2034.710

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.

(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 of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to

be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.

(c)The motion shall be accompanied by a meet and confer declaration under Section 2016.040.

§ 2034.720

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.

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 determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the

merits.

(c)The court has determined that the moving party did all of the following:

(1)Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect.

(2)Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect.

(3)Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action.

(d)The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including,

but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.

§ 2034.730

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.

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 with substantial justification or that other circumstances make the imposition of the sanction unjust.