§ 2034.250.Motion for protective order; types of protective orders;
Title 4. Civil Discovery Act · Chapter 18. Simultaneous Exchange of Expert Witness Information · Article 2. Demand for Exchange of Expert Witness Information · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2034.250 lets a party served with a demand for exchange of expert witness information move promptly for a protective order after a meet-and-confer declaration, authorizes relief such as quashing an untimely demand or dividing parties into sides, and requires a mandatory sanction against whichever side loses the motion absent substantial justification.
(a)A party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b)The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions:
(1)That the demand be quashed because it was not timely served.
(2)That the date of exchange be earlier or later than that specified in the demand.
(3)That the exchange be made only on specified terms and conditions.
(4)That the production and exchange of any reports and writings of experts be made at a different place or at a different time than specified in the demand.
(5)That some or all of the parties be divided into sides on the basis of their identity of interest in the issues in the action, and that the designation of any experts as described in subdivision (b) of Section 2034.210 be made by any side so created.
(6)That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210.
(c)If the motion for a protective order is denied in whole or in part, the court may order that the parties against whom the motion is brought, provide or permit the discovery against which the protection was sought on those terms and conditions that are just.
(d)The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
Plain-English Summary
Not every demand for an expert exchange arrives on fair terms, and this section gives the served party a way to challenge one. A party may move promptly for a protective order, but the motion has to be accompanied by a meet-and-confer declaration under Section 2016.040, confirming that the parties tried to work out the dispute themselves first.
If the moving party shows good cause, subdivision (b) gives the court a broad, non-exclusive menu of relief. It can quash a demand that was not timely served, move the exchange date earlier or later than the demand specified, impose specified terms and conditions on the exchange, change the place or time for producing experts' reports and writings, split the parties into sides based on their shared interest in the issues and let each side make its own designations, or order a party or side to trim its list of employed or retained experts. If the motion is denied in whole or in part, the court can still condition the discovery that goes forward on terms that are just. And subdivision (d) makes a monetary sanction mandatory against whichever side loses the motion, unless that side acted with substantial justification or the sanction would otherwise be unjust.
Frequently Asked Questions
What must accompany a motion for a protective order under this section?
A meet-and-confer declaration under Section 2016.040.
What kinds of relief can a court order on this motion?
Among other things, quashing an untimely demand, changing the exchange date, imposing terms on the exchange, dividing parties into sides based on identity of interest, or requiring a party or side to reduce its list of designated experts.
What happens if the court denies the protective order motion?
It may order that discovery proceed against the party who sought protection on terms and conditions that are just.
Is a losing party automatically sanctioned on a motion under this section?
Generally yes. The court must impose a monetary sanction against whoever unsuccessfully makes or opposes the motion, unless that party acted with substantial justification or the sanction would otherwise be unjust.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:ccp 2034.250 protective order expert witness exchangemotion to quash expert exchange demanddividing parties into sides expert designation