§ 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
Full Text of § 1258.210
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.