Article 4 - Motion To Augment or Amend Expert Witness List or Declaration

California Code of Civil Procedure — §§ 2034.610-2034.630

Sections (3)

§ 2034.610

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 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 that party has subsequently retained.

(2)Amend that party’s expert witness declaration with respect to

the general substance of the testimony that an expert previously designated is expected to give.

(b)A motion under subdivision (a) shall be made at 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.

§ 2034.620

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 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 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 either of the following:

(1)The moving party would not in the exercise of reasonable diligence have determined to call that expert witness or have decided to offer the different or additional testimony of that expert witness.

(2)The moving party failed to determine to call that expert witness, or to offer the different or additional testimony of that expert witness as a result of mistake, inadvertence, surprise, or excusable neglect, and the moving party has done both of the following:

(A)Sought leave to augment or amend promptly after deciding to call the expert witness or to offer the different or additional testimony.

(B)Promptly thereafter

served a copy of the proposed expert witness information concerning the expert or the testimony described in Section 2034.260 on all other parties who have appeared in the action.

(d)Leave to augment or amend 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.

§ 2034.630

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 augment or amend 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.