reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.030.

2033.030. (a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets.
(b) Unless a declaration as described in Section 2033.050 has been made, a party need only respond to the first 35 admission requests served that do not relate to the genuineness of documents, if that party states an objection to the balance under Section 2033.230 on the ground that the limit has been exceeded.
(c) The number of requests for admission of the genuineness of documents is not limited except as justice requires to protect the responding party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.040.

2033.040. (a) Subject to the right of the responding party to seek a protective order under Section 2033.080, any party who attaches a supporting declaration as described in Section 2033.050 may request a greater number of admissions by another party if the greater number is warranted by the complexity or the quantity of the existing and potential issues in the particular case.
(b) If the responding party seeks a protective order on the ground that the number of requests for admission is unwarranted, the propounding party shall have the burden of justifying the number of requests for admission.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.050.

2033.050. Any party who is requesting or who has already requested more than 35 admissions not relating to the genuineness of documents by any other party shall attach to each set of requests for admissions a declaration containing substantially the following words:
DECLARATION FOR ADDITIONAL DISCOVERY
I, __________, declare:
1. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding).
2. I am propounding to __________ the attached set of requests for admission.
3. This set of requests for admission will cause the total number of requests propounded to the party to whom they are directed to exceed the number of requests permitted by Section 2033.030 of the Code of Civil Procedure.
4. I have previously propounded a total of __________ requests for admission to this party.
5. This set of requests for admission contains a total of __________ requests.
6. I am familiar with the issues and the previous discovery conducted by all of the parties in this case.
7. I have personally examined each of the requests in this set of requests for admission.
8. This number of requests for admission is warranted under Section 2033.040 of the Code of Civil Procedure because __________. (Here state the reasons why the complexity or the quantity of issues in the instant lawsuit warrant this number of requests for admission.)
9. None of the requests in this set of requests is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation.
I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on __________.
_____ (Signature) _____
Attorney for
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.060.

2033.060. (a) A party requesting admissions shall number each set of requests consecutively.
(b) In the first paragraph immediately below the title of the case, there shall appear the identity of the party requesting the admissions, the set number, and the identity of the responding party.
(c) Each request for admission in a set shall be separately set forth and identified by letter or number.
(d) Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included with a set of admission requests unless it has been approved under Chapter 17 (commencing with Section 2033.710).
(e) Any term specially defined in a request for admission shall be typed with all letters capitalized whenever the term appears.
(f) No request for admission shall contain subparts, or a compound, conjunctive, or disjunctive request unless it has been approved under Chapter 17 (commencing with Section 2033.710).
(g) A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are directed.
(h) No party shall combine in a single document requests for admission with any other method of discovery.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.070.

2033.070. The party requesting admissions shall serve a copy of them on the party to whom they are directed and on all other parties who have appeared in the action.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 1 - Requests For Admission › Section 2033.080.

2033.080. (a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:
(1) That the set of admission requests, or particular requests in the set, need not be answered at all.
(2) That, contrary to the representations made in a declaration submitted under Section 2033.050, the number of admission requests is unwarranted.
(3) That the time specified in Section 2033.250 to respond to the set of admission requests, or to particular requests in the set, be extended.
(4) That a trade secret or other confidential research, development, or commercial information not be admitted or be admitted only in a certain way.
(5) That some or all of the answers to requests for admission be sealed and thereafter opened only on order of the court.
(c) If the motion for a protective order is denied in whole or in part, the court may order that the responding party provide or permit the discovery against which protection was sought on terms and conditions that are just.
(d) 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 for a protective order under this section, 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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.210.

2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.
(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.
(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.
(d) Each answer or objection in the response shall bear the same identifying number or letter and be in the same sequence as the corresponding request. The text of that request need not be repeated, except as provided in paragraph (6) of subdivision (e).
(e) In order to facilitate the discovery process:
(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.
(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.
(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. If the parties are unable to agree on a format, the requests for admission or responses to the requests for admission shall be provided in plain text format.
(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.
(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.
(6) A responding party who has requested and received requests for admission in an electronic format pursuant to paragraph (1) shall include the text of the request immediately preceding the response.
(Amended by Stats. 2019, Ch. 190, Sec. 2. (AB 1349) Effective January 1, 2020.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.220.

2033.220. (a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits.
(b) Each answer shall:
(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party.
(2) Deny so much of the matter involved in the request as is untrue.
(3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge.
(c) If a responding party gives lack of information or knowledge as a reason for a failure to admit all or part of a request for admission, that party shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable that party to admit the matter.
(Amended by Stats. 2005, Ch. 22, Sec. 24. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.230.

2033.230. (a) If only a part of a request for admission is objectionable, the remainder of the request shall be answered.
(b) If an objection is made to a request or to a part of a request, the specific ground for the objection shall be set forth clearly in the response. If an objection is based on a claim of privilege, the particular privilege invoked shall be clearly stated. If an objection is based on a claim that the matter as to which an admission is requested is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.240.

2033.240. (a) The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections.
(b) If that party is a public or private corporation, or a partnership or association or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for the party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response.
(c) The attorney for the responding party shall sign any response that contains an objection.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.250.

2033.250. (a) Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.
(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom the request is directed shall have at least five days from the date of service to respond, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.
(Amended by Stats. 2007, Ch. 113, Sec. 13. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.260.

2033.260. (a) The party requesting admissions and the responding party may agree to extend the time for service of a response to a set of admission requests, or to particular requests in a set, to a date beyond that provided in Section 2033.250.
(b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for service of a response.
(c) Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any request for admission to which the agreement applies in any manner specified in Sections 2033.210, 2033.220, and 2033.230.
(d) Notice of this agreement shall be given by the responding party to all other parties who were served with a copy of the request.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.270.

2033.270. (a) The requests for admission and the response to them shall not be filed with the court.
(b) The party requesting admissions shall retain both the original of the requests for admission, with the original proof of service affixed to them, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.280.

2033.280. If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:
(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.
(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
(b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.
(Amended by Stats. 2005, Ch. 294, Sec. 12. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.290.

2033.290. (a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply:
(1) An answer to a particular request is evasive or incomplete.
(2) An objection to a particular request is without merit or too general.
(b) (1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.
(2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.
(c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.
(d) 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 compel further response, 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.
(e) If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(Amended by Stats. 2018, Ch. 317, Sec. 5. (AB 2230) Effective January 1, 2019. Section operative January 1, 2020, pursuant to Sec. 6, Stats. 2018, Ch. 317.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 2 - Response to Requests For Admission › Section 2033.300.

2033.300. (a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties.
(b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.
(c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following:
(1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission.
(2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 3 - Effect of Admission › Section 2033.410.

2033.410. (a) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action, unless the court has permitted withdrawal or amendment of that admission under Section 2033.300.
(b) Notwithstanding subdivision (a), any admission made by a party under this section is binding only on that party and is made for the purpose of the pending action only. It is not an admission by that party for any other purpose, and it shall not be used in any manner against that party in any other proceeding.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 16 - Requests for Admission › ARTICLE 3 - Effect of Admission › Section 2033.420.

2033.420. (a) If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees.
(b) The court shall make this order unless it finds any of the following:
(1) An objection to the request was sustained or a response to it was waived under Section 2033.290.
(2) The admission sought was of no substantial importance.
(3) The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter.
(4) There was other good reason for the failure to admit.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 17 - Form Interrogatories and Requests for Admission › Section 2033.710.

2033.710. The Judicial Council shall develop and approve official form interrogatories and requests for admission of the genuineness of any relevant documents or of the truth of any relevant matters of fact for use in any civil action in a state court based on personal injury, property damage, wrongful death, unlawful detainer, breach of contract, family law, or fraud and for any other civil actions the Judicial Council deems appropriate.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 17 - Form Interrogatories and Requests for Admission › Section 2033.720.

2033.720. (a) The Judicial Council shall develop and approve official form interrogatories for use by a victim who has not received complete payment of a restitution order made pursuant to Section 1202.4 of the Penal Code.
(b) Notwithstanding whether a victim initiates or maintains an action to satisfy the unpaid restitution order, a victim may propound the form interrogatories approved pursuant to this section once each calendar year. The defendant subject to the restitution order shall, in responding to the interrogatories propounded, provide current information regarding the nature, extent, and location of any assets, income, and liabilities in which the defendant claims a present or future interest.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 17 - Form Interrogatories and Requests for Admission › Section 2033.730.

2033.730. (a) In developing the form interrogatories and requests for admission required by Sections 2033.710 and 2033.720, the Judicial Council shall consult with a representative advisory committee which shall include, but not be limited to, representatives of all of the following:
(1) The plaintiff’s bar.
(2) The defense bar.
(3) The public interest bar.
(4) Court administrators.
(5) The public.
(b) The form interrogatories and requests for admission shall be drafted in nontechnical language.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 17 - Form Interrogatories and Requests for Admission › Section 2033.740.

2033.740. (a) Use of the form interrogatories and requests for admission approved by the Judicial Council shall be optional.
(b) The form interrogatories and requests for admission shall be made available through the office of the clerk of the appropriate trial court.
(c) The Judicial Council shall promulgate any necessary rules to govern the use of the form interrogatories and requests for admission.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 1 - General Provisions › Section 2034.010.

2034.010. This chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings under Chapter 7 (commencing with Section 1258.010) of Title 7 of Part 3.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.210.

2034.210. After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other’s expert trial witnesses to the following extent:
(a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.
(b) If any expert designated by a party under subdivision (a) is a party or an employee of a party, or has been retained by a party for the purpose of forming and expressing an opinion in anticipation of the litigation or in preparation for the trial of the action, the designation of that witness shall include or be accompanied by an expert witness declaration under Section 2034.260.
(c) Any party may also include a demand for the mutual and simultaneous production for inspection and copying of all discoverable reports and writings, if any, made by any expert described in subdivision (b) in the course of preparing that expert’s opinion.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.220.

2034.220. Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.230.

2034.230. (a) A demand for an exchange of information concerning expert trial witnesses shall be in writing and shall identify, below the title of the case, the party making the demand. The demand shall state that it is being made under this chapter.
(b) The demand shall specify the date for the exchange of lists of expert trial witnesses, expert witness declarations, and any demanded production of writings. The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.240.

2034.240. The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.250.

2034.250. (a) A party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions:
(1) That the demand be quashed because it was not timely served.
(2) That the date of exchange be earlier or later than that specified in the demand.
(3) That the exchange be made only on specified terms and conditions.
(4) That the production and exchange of any reports and writings of experts be made at a different place or at a different time than specified in the demand.
(5) That some or all of the parties be divided into sides on the basis of their identity of interest in the issues in the action, and that the designation of any experts as described in subdivision (b) of Section 2034.210 be made by any side so created.
(6) That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210.
(c) If the motion for a protective order is denied in whole or in part, the court may order that the parties against whom the motion is brought, provide or permit the discovery against which the protection was sought on those terms and conditions that are just.
(d) 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 for a protective order under this section, 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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.260.

2034.260. (a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving the information on the other party by any method specified in Section 1011 or 1013, on or before the date of exchange.
(b) The exchange of expert witness information shall include either of the following:
(1) A list setting forth the name and address of a person whose expert opinion that party expects to offer in evidence at the trial.
(2) A statement that the party does not presently intend to offer the testimony of an expert witness.
(c) If a witness on the list is an expert as described in subdivision (b) of Section 2034.210, the exchange shall also include or be accompanied by an expert witness declaration signed only by the attorney for the party designating the expert, or by that party if that party has no attorney. This declaration shall be under penalty of perjury and shall contain all of the following:
(1) A brief narrative statement of the qualifications of each expert.
(2) A brief narrative statement of the general substance of the testimony that the expert is expected to give.
(3) A representation that the expert has agreed to testify at the trial.
(4) A representation that the expert will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the specific testimony, including an opinion and its basis, that the expert is expected to give at trial.
(5) A statement of the expert’s hourly and daily fee for providing deposition testimony and for consulting with the retaining attorney.
(Amended by Stats. 2018, Ch. 92, Sec. 45. (SB 1289) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.270.

2034.270. If a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings as described in subdivision (c) of Section 2034.210, all parties shall produce and exchange, at the place and on the date specified in the demand, all discoverable reports and writings, if any, made by any designated expert described in subdivision (b) of Section 2034.210.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.280.

2034.280. (a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.
(b) This supplemental list shall be accompanied by an expert witness declaration under subdivision (c) of Section 2034.260 concerning those additional experts, and by all discoverable reports and writings, if any, made by those additional experts.
(c) The party shall also make those experts available immediately for a deposition under Article 3 (commencing with Section 2034.410), which deposition may be taken even though the time limit for discovery under Chapter 8 (commencing with Section 2024.010) has expired.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.290.

2034.290. (a) A demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged shall not be filed with the court.
(b) The party demanding the exchange shall retain both the original of the demand, with the original proof of service affixed, and the original of all expert witness lists and declarations exchanged in response to the demand until six months after final disposition of the action. At that time, all originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.
(c) Notwithstanding subdivisions (a) and (b), a demand for exchange of information concerning expert trial witnesses, and all expert witness lists and declarations exchanged in response to it, shall be lodged with the court when their contents become relevant to an issue in any pending matter in the action.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.300.

2034.300. Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following:
(a) List that witness as an expert under Section 2034.260.
(b) Submit an expert witness declaration.
(c) Produce reports and writings of expert witnesses under Section 2034.270.
(d) Make that expert available for a deposition under Article 3 (commencing with Section 2034.410).
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 2 - Demand for Exchange of Expert Witness Information › Section 2034.310.

2034.310. A party may call as a witness at trial an expert not previously designated by that party if either of the following conditions is satisfied:
(a) That expert has been designated by another party and has thereafter been deposed under Article 3 (commencing with Section 2034.410).
(b) That expert is called as a witness to impeach the testimony of an expert witness offered by any other party at the trial. This impeachment may include testimony to the falsity or nonexistence of any fact used as the foundation for any opinion by any other party’s expert witness, but may not include testimony that contradicts the opinion.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 3 - Deposition of Expert Witness › Section 2034.410.

2034.410. On receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures for taking oral and written depositions set forth in Chapters 9 (commencing with Section 2025.010), 10 (commencing with Section 2026.010), and 11 (commencing with Section 2028.010) apply to a deposition of a listed trial expert witness except as provided in this article.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 3 - Deposition of Expert Witness › Section 2034.415.

2034.415. An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice.
(Added by Stats. 2016, Ch. 467, Sec. 3. (AB 2427) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 3 - Deposition of Expert Witness › Section 2034.420.

2034.420. The deposition of any expert described in subdivision (b) of Section 2034.210 shall be taken at a place that is within 75 miles of the courthouse where the action is pending. On motion for a protective order by the party designating an expert witness, and on a showing of exceptional hardship, the court may order that the deposition be taken at a more distant place from the courthouse.
(Amended by Stats. 2008, Ch. 303, Sec. 1. Effective January 1, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 3 - Deposition of Expert Witness › Section 2034.430.

2034.430. (a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who is any of the following:
(1) An expert described in subdivision (b) of Section 2034.210.
(2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner, but not including testimony requiring only the reading of words and symbols contained in the relevant medical record or, if those words and symbols are not legible to the deponent, the approximation by the deponent of what those words or symbols are.
(3) An architect, professional engineer, or licensed land surveyor who was involved with the original project design or survey for which that person is asked to express an opinion within the person’s expertise and relevant to the action or proceeding.
(b) A party desiring to depose an expert witness described in subdivision (a) shall pay the expert’s reasonable and customary hourly or daily fee for any time spent at the deposition from the time noticed in the deposition subpoena, or from the time of the arrival of the expert witness should that time be later than the time noticed in the deposition subpoena, until the time the expert witness is dismissed from the deposition, regardless of whether the expert is actually deposed by any party attending the deposition.
(c) If any counsel representing the expert or a nonnoticing party is late to the deposition, the expert’s reasonable and customary hourly or daily fee for the time period determined from the time noticed in the deposition subpoena until the counsel’s late arrival, shall be paid by that tardy counsel.
(d) Notwithstanding subdivision (c), the hourly or daily fee charged to the tardy counsel shall not exceed the fee charged to the party who retained the expert, except where the expert donated services to a charitable or other nonprofit organization.
(e) A daily fee shall only be charged for a full day of attendance at a deposition or where the expert was required by the deposing party to be available for a full day and the expert necessarily had to forgo all business that the expert would otherwise have conducted that day but for the request that the expert be available all day for the scheduled deposition.
(f) In a worker’s compensation case arising under Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code, a party desiring to depose any expert on another party’s expert witness list shall pay the fee under this section.
(Amended by Stats. 2008, Ch. 303, Sec. 2. Effective January 1, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 18 - Simultaneous Exchange of Expert Witness Information › ARTICLE 3 - Deposition of Expert Witness › Section 2034.440.

2034.440. The party designating an expert is responsible for any fee charged by the expert for preparing for a deposition and for traveling to the place of the deposition, as well as for any travel expenses of the expert.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)