§ 1258.280.Objection of Party Who Has Served List and Statement
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 1258.280 lets a party who complied with the exchange requirement object and bar the other side from calling an unlisted expert, eliciting an unlisted valuation opinion, or introducing unlisted valuation data during its case in chief, though mere explanation of listed data remains admissible.
Except as provided in Section 1258.290, upon objection of a party who has served his list of expert witnesses and statements of valuation data in compliance with Section 1258.230:
(a)No party required to serve a list of expert witnesses on the objecting party may call an expert witness to testify on direct examination during his case in chief unless the information required by Section 1258.240 for such witness is included in the list served.
(b)No party required to serve statements of valuation data on the objecting party may call a witness to testify on direct examination during his case in chief to his opinion on any matter listed in Section 1258.250 unless a statement of valuation data for such witness was served.
(c)No witness called by a party required to serve statements of valuation data on the objecting party may testify on direct examination during the case in chief of the party who called him to any opinion or data required to be listed in the statement of valuation data for such witness unless such opinion or data is listed in the statement served except that testimony that is merely an explanation or elaboration of data so listed is not inadmissible under this subdivision.
Plain-English Summary
This is the enforcement mechanism behind the exchange requirement, and it only works on objection. A party who served a compliant list and statements can object, and once it does, three exclusions kick in against the party who owed it a listing.
That party can't call an expert witness on direct examination in its case in chief unless the witness was properly listed. It can't elicit a listed witness's opinion on any of the four valuation matters in § 1258.250 unless a statement of valuation data covering that opinion was served. And it can't elicit data or opinion from any witness beyond what the statement disclosed -- though testimony that only explains or elaborates on data already listed stays admissible; this section targets undisclosed substance, not clarification of what was already on the table.
Section 1258.290 provides the escape valve: even after a proper objection, the court can still let the evidence in on terms it finds just, if the party missing the listing meets that section's good-faith and diligence standards.
Frequently Asked Questions
What must happen before these exclusions apply?
The party seeking to invoke them must have served its own list of expert witnesses and statement of valuation data in compliance with § 1258.230, and must then object.
Can a witness explain data that was already listed?
Yes. Testimony that merely explains or elaborates on data already listed in the statement of valuation data isn't barred by this section.
Is there any way around these exclusions?
Yes, § 1258.290 lets the court permit the unlisted witness, opinion, or data in on just terms if the omitting party meets that section's good-faith and diligence requirements.
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
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