§ 1258.270.Notice to Parties Upon Whom Lists and Statements Served Required
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 1258.270 requires a party who has exchanged lists and statements to promptly notify the other side, in writing unless trial has already begun, whenever the party later decides to call an unlisted expert, elicit unlisted opinion or data from a listed witness, or discovers unlisted required data.
(a)A party who is required to exchange lists of expert witnesses and statements of valuation data shall diligently give notice to the parties upon whom his list and statements were served if, after service of his list and statements, he:
(1)Determines to call an expert witness not included in his list of expert witnesses to testify on direct examination during his case in chief;
(2)Determines to have a witness called by him testify on direct examination during his case in chief to any opinion or data required to be listed in the statement of valuation data for that witness but which was not so listed; or
(3)Discovers any data required to be listed in a statement of valuation data but which was not so listed.
(b)The notice required by subdivision (a) shall include the information specified in Sections 1258.240 and 1258.260 and shall be in writing; but such notice is not required to be in writing if it is given after the commencement of the trial.
Plain-English Summary
The exchange isn't a one-time snapshot. This section keeps it current by requiring a party to give diligent notice whenever one of three things happens after the party has already served its list and statements: the party decides to call an expert witness it hadn't listed; the party decides to have a listed witness testify to an opinion or data point that should have been, but wasn't, in that witness's statement of valuation data; or the party discovers data that should have been listed but wasn't.
The notice has to include the same information §§ 1258.240 and 1258.260 require in the original list and statement, and it generally has to be in writing. The one exception: once trial has already started, the notice doesn't need to be written.
This duty to update matters because § 1258.280 ties the consequences of nondisclosure to what was properly listed or disclosed under this section -- a party that keeps its updates current protects its ability to use the new witness, opinion, or data at trial.
Frequently Asked Questions
When must a party give notice of a change after the exchange?
Whenever the party decides to call an unlisted expert witness, decides to elicit unlisted opinion or data from a listed witness, or discovers data that should have been listed but wasn't.
Does this notice have to be in writing?
Yes, unless it is given after trial has already commenced, in which case it doesn't need to be written.
What information must the notice include?
The same information required in the original list of expert witnesses and statement of valuation data under §§ 1258.240 and 1258.260.
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:duty to update expert witness list californiasupplemental valuation data notice eminent domain