(a) Notwithstanding any other statute or any court rule relating to discovery, proceedings pursuant to subdivision (b) may be had without requirement of court order and may proceed until not later than 20 days prior to the day set for trial of the issue of compensation.
§ 1258.020.Discovery After Time of Exchange; Order to Protect From Annoyance, Embarrassment Or Oppression
Title 7. Eminent Domain Law · Chapter 7. Discovery; Exchange of Valuation Data · Article 1. Discovery · Last amended 1993 · Last verified July 29, 2026
In one sentenceSection 1258.020 lets a party who has exchanged valuation data obtain further discovery from the other exchanging party and its listed experts without a court order, up until 20 days before the compensation trial, subject to a protective order against annoyance or oppression.
Full Text of § 1258.020
(b) A party to an exchange of lists of expert witnesses and statements of valuation data pursuant to Article 2 (commencing with Section 1258.210) or pursuant to court rule as provided in Section 1258.300 may after the time of the exchange obtain discovery from the other party to the exchange and from any person listed by him as an expert witness.
(c) The court, upon noticed motion by the person subjected to discovery pursuant to subdivision (b), may make any order that justice requires to protect such person from annoyance, embarrassment, or oppression.
Plain-English Summary
Once the parties have exchanged their lists of expert witnesses and statements of valuation data under Article 2, this section opens a second round of discovery aimed squarely at that exchange. Either side can pursue discovery from the other side's exchanging party -- and any expert that party listed -- without first asking the court for permission.
That window doesn't stay open forever. Discovery under this section has to be completed no later than 20 days before the trial on the compensation issue, keeping the case on track for trial even as the parties dig into each other's valuation opinions.
The section also protects against abuse. A person subjected to this discovery can bring a noticed motion asking the court for whatever order justice requires to guard against annoyance, embarrassment, or oppression -- the same kind of protective relief available in ordinary civil discovery, applied here to the valuation-exchange context.
Frequently Asked Questions
Does a party need a court order to conduct discovery after the valuation-data exchange?
No. Section 1258.020 allows this discovery without a court order, notwithstanding any other statute or court rule on discovery.
How late can this post-exchange discovery continue?
It may proceed until no later than 20 days before the date set for trial on the issue of compensation.
Who can be the target of this discovery?
The other party to the exchange, and any person that party listed as an expert witness.
What if the discovery becomes harassing?
The person subjected to it can bring a noticed motion, and the court may issue any order justice requires to protect against annoyance, embarrassment, or oppression.
Amendment History
Amended by Stats. 1992, Ch. 876, Sec. 8. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: eminent domain discovery after exchange californiapost-exchange discovery condemnation case