Expert Discovery (CA)

by Practical Law Litigation

A Practice Note detailing expert discovery in civil litigation under the California Code of Civil Procedure, emphasizing the procedures and strategic considerations involved. It covers the process of making a demand for the exchange of expert witness information, preparing and exchanging expert witness lists, declarations, and discoverable reports, and conducting expert depositions. This Note highlights the reciprocal obligations triggered by the demand and the potential sanctions for noncompliance with statutory requirements for exchanging expert witness information, such as the exclusion of expert testimony. It also explores the circumstances under which parties may supplement their expert witness lists or bring a motion for relief from failure to comply with the exchange requirements. Additionally, this Note discusses the costs associated with expert discovery. By providing a comprehensive overview of the statutory requirements and practical considerations, this Note serves as a valuable resource for navigating expert discovery in California civil litigation.