§ 1258.230.Duties of Parties Not Later Than Date of Exchange
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 1258.230 requires each party involved in the exchange to deposit its list of expert witnesses and statement of valuation data with the clerk and serve it on the other exchanging party by the date of exchange, and directs the clerk to log but not file these materials, releasing them to the attorneys after trial.
(1)Each party who served a demand and each party upon whom a demand was served shall deposit with the clerk of the court a list of expert witnesses and statements of valuation data.
(2)A party who served a demand shall serve his list and statements upon each party on whom he served his demand.
(3)Each party on whom a demand was served shall serve his list and statements upon the party who served the demand.
(b)The clerk of the court shall make an entry in the register of actions for each list of expert witnesses and statement of valuation data deposited with him pursuant to this article. The lists and statements shall not be filed in the proceeding, but the clerk shall make them available to the court at the commencement of the trial for the limited purpose of enabling the court to apply the provisions of this article. Unless the court otherwise orders, the clerk shall, at the conclusion of the trial, return all lists and statements to the attorneys for the parties who deposited them. Lists or statements ordered by the court to be retained may thereafter be destroyed or otherwise disposed of in accordance with the provisions of law governing the destruction or disposition of exhibits introduced in the trial.
Plain-English Summary
By the date of exchange set under § 1258.220, both the party who demanded the exchange and the party on whom the demand was served have the same obligation: deposit a list of expert witnesses and a statement of valuation data with the clerk of the court, and serve a copy on the other side.
What the clerk does with those materials is unusual for a court filing. The clerk logs the deposit in the register of actions but doesn't file the lists and statements in the proceeding itself. Instead, the clerk holds them and makes them available to the court only at the start of trial, and only for the limited purpose of applying Article 2's rules -- deciding, for instance, whether a witness or opinion was properly listed under § 1258.280.
Once trial ends, the clerk returns the lists and statements to the attorneys who deposited them, unless the court orders some retained. Anything the court does order kept can later be destroyed or disposed of the same way other trial exhibits are handled.
Frequently Asked Questions
What must each exchanging party do by the date of exchange?
Deposit a list of expert witnesses and a statement of valuation data with the clerk of the court, and serve a copy on the other exchanging party.
Are the lists and statements of valuation data filed in the case?
No. The clerk logs the deposit in the register of actions but does not file them in the proceeding; the clerk makes them available to the court only at the start of trial for applying this article.
What happens to the lists and statements after trial?
Unless the court orders otherwise, the clerk returns them to the attorneys for the parties who deposited them; any that the court orders retained may later be destroyed or disposed of like other trial exhibits.
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:depositing valuation data with clerk californiaexchange of expert witness lists eminent domain