(a) For the purposes of this article, the "date of exchange" is the date agreed to for the exchange of their lists of expert witnesses and statements of valuation data by the party who served a demand and the party on whom the demand was served or, failing agreement, a date 90 days prior to commencement of the trial on the issue of compensation or the date set by the court on noticed motion of either party establishing good cause therefor.
§ 1258.220.Date of Exchange
Title 7. Eminent Domain Law · Chapter 7. Discovery; Exchange of Valuation Data · Article 2. Exchange of Valuation Data · Last amended 2002 · Last verified July 29, 2026
In one sentenceSection 1258.220 defines the 'date of exchange' as whatever date the parties agree on, or absent agreement, 90 days before the compensation trial or a court-set date, but bars that date from falling earlier than nine months after the proceeding began unless the parties agree otherwise.
Full Text of § 1258.220
(b) Notwithstanding subdivision (a), unless otherwise agreed to by the parties, the date of exchange shall not be earlier than nine months after the date of commencement of the proceeding.
Plain-English Summary
Everything in Article 2 keys off a single date, and this section sets it. The parties can agree on a date of exchange between themselves. Absent agreement, the default is 90 days before the trial on the compensation issue, though the court can set a different date on a party's noticed motion showing good cause.
Subdivision (b) puts a floor under that flexibility: unless the parties agree otherwise, the date of exchange can't fall earlier than nine months after the proceeding started. That floor gives both sides real time to develop appraisals and expert opinions before they have to show their position, no matter how quickly a trial date gets set.
Frequently Asked Questions
How is the 'date of exchange' determined?
By agreement of the party who served the demand and the party on whom it was served, or, absent agreement, 90 days before trial on compensation, or a date the court sets on noticed motion for good cause.
Is there a minimum amount of time before the exchange can be required?
Yes. Unless the parties agree otherwise, the date of exchange cannot be earlier than nine months after the proceeding commenced.
Can the court set a different exchange date than the default?
Yes, on a noticed motion by either party establishing good cause.
Amendment History
Amended by Stats 2001 ch 428 (AB 237), s 7, eff. 1/1/2002. Previously Amended July 13, 1999 (Bill Number: SB 634) (Chapter 102).
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: date of exchange eminent domain californiavaluation data exchange deadline california