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§ 1258.210.Demand to Exchange Lists of Expert Witnesses and Statement of Valuation Data

Title 7. Eminent Domain Law · Chapter 7. Discovery; Exchange of Valuation Data · Article 2. Exchange of Valuation Data · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1258.210 lets any party demand, within 10 days after the trial date is set, that all parties exchange lists of expert witnesses and statements of valuation data, and requires the demand to warn that failing to comply waives the right to call unlisted experts or offer unlisted valuation matter.

Full Text of § 1258.210

Text sizeJump to: (a) (b)

(a) Not later than the 10th day after the trial date is selected, any party may file and serve on any other party a demand to exchange lists of expert witnesses and statements of valuation data. Thereafter, the court may, upon noticed motion and a showing of good cause, permit any party to serve such a demand upon any other party.
(b) The demand shall:
(1) Describe the property to which it relates, which description may be by reference to the complaint.
(2) Include a statement in substantially the following form: "You are required to serve and deposit with the clerk of court a list of expert witnesses and statements of valuation data in compliance with Article 2 (commencing with Section 1258.210) of Chapter 7 of Title 7 of Part 3 of the Code of Civil Procedure not later than the date of exchange to be set in accordance with that article. Except as otherwise provided in that article, your failure to do so will constitute a waiver of your right to call unlisted expert witnesses during your case in chief and of your right to introduce on direct examination during your case in chief any matter that is required to be, but is not, set forth in your statements of valuation data."

Plain-English Summary

Article 2 runs on a demand system rather than an automatic deadline. Any party can start the clock by filing and serving, within 10 days after the trial date is selected, a demand that the parties exchange their lists of expert witnesses and statements of valuation data. Miss that early window, and a party still isn't shut out -- the court can allow a later demand on noticed motion and a showing of good cause.

The demand itself has two required components. It must describe the property involved, which can be done by reference to the complaint, and it must include a specific statutory warning telling the recipient what happens if it doesn't comply: waiver of the right to call unlisted expert witnesses during its case in chief, and waiver of the right to introduce, on direct examination in its case in chief, any matter that should have been in its statement of valuation data but wasn't.

That warning isn't decoration. It's the same consequence spelled out in detail later, in § 1258.280, so a party served with a demand knows exactly what's riding on the exchange described in §§ 1258.220 through 1258.260.

Frequently Asked Questions

How soon after the trial date is set must a party demand the exchange?

Not later than the 10th day after the trial date is selected, though the court can permit a later demand on noticed motion and a showing of good cause.

What must the demand include?

A description of the property, which may be given by reference to the complaint, and a statutory warning about the consequences of not exchanging valuation data.

What happens if a party doesn't comply with the demand?

The warning required in the demand states that noncompliance waives the right to call unlisted expert witnesses and the right to introduce unlisted valuation matter during the party's case in chief, as detailed further in § 1258.280.

Can a party who missed the 10-day window still demand an exchange?

Yes. The court may, on noticed motion and a showing of good cause, permit a later demand.

Amendment History

Added by Stats. 1975, Ch. 1275.

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: demand for exchange valuation data californiaexpert witness list eminent domain california