(a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving the information on the other party by any method specified in Section 1011 or 1013, on or before the date of exchange.
§ 2034.260.Method of exchange; form and content of information
Title 4. Civil Discovery Act · Chapter 18. Simultaneous Exchange of Expert Witness Information · Article 2. Demand for Exchange of Expert Witness Information · Last amended 2019 · Last verified July 29, 2026
In one sentenceSection 2034.260 requires all appeared parties to exchange expert witness information in writing by the demand's exchange date, either a list of experts expected to testify or a statement that none will, and requires an expert witness declaration under penalty of perjury covering qualifications, testimony, deposition availability, and fees for any retained, employed, or party expert.
Full Text of § 2034.260
(b) The exchange of expert witness information shall include either of the following:
(1) A list setting forth the name and address of a person whose expert opinion that party expects to offer in evidence at the trial.
(2) A statement that the party does not presently intend to offer the testimony of an expert witness.
(c) If a witness on the list is an expert as described in subdivision (b) of Section 2034.210, the exchange shall also include or be accompanied by an expert witness declaration signed only by the attorney for the party designating the expert, or by that party if that party has no attorney. This declaration shall be under penalty of perjury and shall contain all of the following:
(1) A brief narrative statement of the qualifications of each expert.
(2) A brief narrative statement of the general substance of the testimony that the expert is expected to give.
(3) A representation that the expert has agreed to testify at the trial.
(4) A representation that the expert will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the specific testimony, including an opinion and its basis, that the expert is expected to give at trial.
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(5) A statement of the expert's hourly and daily fee for providing deposition testimony and for consulting with the retaining attorney.
Plain-English Summary
This section is the operational heart of the expert exchange: it tells every appeared party exactly what to turn over, and how, by the date the demand set. The exchange can happen informally, at a meeting between the attorneys, or formally, by serving the information on the other parties using any of the standard service methods, but either way it has to be in writing and served or exchanged on or before the exchange date.
Subdivision (b) frames the exchange as a binary choice for each party: either produce a list naming and locating every expert whose opinion testimony the party expects to offer at trial, or state instead that the party does not presently intend to call an expert witness. A party who lists a retained, employed, or party-affiliated expert as described in Section 2034.210 cannot stop at a name and address. Subdivision (c) requires an expert witness declaration, signed under penalty of perjury by the attorney, or by the party if unrepresented, that states the qualifications of the expert in brief narrative form, the general substance of the expected testimony, a representation that the expert has agreed to testify, a representation that the expert will be prepared for a meaningful deposition on the opinion and its basis, and the expert's hourly and daily fee for deposition testimony and for consulting with the retaining attorney.
Frequently Asked Questions
How must the expert witness exchange take place?
In writing, on or before the exchange date, either at a meeting of the attorneys or by service under Section 1011 or 1013.
What are the two options for what the exchange must include?
A list naming and locating every expert a party expects to offer at trial, or a statement that the party does not presently intend to offer expert testimony.
When is an expert witness declaration required?
When the listed expert is a party, a party's employee, or someone retained to form and express an opinion for the litigation, as described in Section 2034.210.
What must the expert witness declaration contain?
A brief narrative of the expert's qualifications, a brief narrative of the expected testimony, a representation that the expert agreed to testify, a representation of the expert's readiness for a meaningful deposition, and a statement of the expert's fees for deposition testimony and consulting.
Who signs the expert witness declaration?
The attorney for the party designating the expert, or the party if that party has no attorney, under penalty of perjury.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2017, c. 64 (S.B.543), § 3, eff. Jan. 1, 2018; Stats.2018, c. 92 (S.B.1289), § 45, eff. Jan. 1, 2019.)
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
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