Exchange of Expert Witness Information
After a trial date is set, any party may demand the simultaneous exchange of information about the expert witnesses all other parties intend to testify at trial. California Code of Civil Procedure (CCP) § 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 in the course of preparing the expert's opinion.
The purpose of this exchange is to provide 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 his intended testimony ahead of time, opposing parties have the opportunity to research the expert, depose the expert, and gather information and evidence in the specialized field that may be useful during the cross-examination of the expert.
There is no Judicial Council form for this procedure. Instead, the relevant documents must be typed on 28-line pleading paper. Customizable templates may be downloaded from these links:
Click below to download a step-by-step guide with sample forms and instructions:
Discovery: Exchange of Expert Witness Information, Step by Step