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§ 2034.280.Supplemental expert witness list; expert witness declaration; deposition of expert

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 2034.280 lets a party who took part in the exchange submit, within 20 days after it, a supplemental expert witness list naming experts to counter a subject an adverse party's expert covers for the first time, requires an accompanying declaration and reports, and requires making those experts immediately available for deposition even after the discovery cutoff.

Full Text of § 2034.280

Text sizeJump to: (a) (b) (c)

(a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.
(b) This supplemental list shall be accompanied by an expert witness declaration under subdivision (c) of Section 2034.260 concerning those additional experts, and by all discoverable reports and writings, if any, made by those additional experts.
(c) The party shall also make those experts available immediately for a deposition under Article 3 (commencing with Section 2034.410), which deposition may be taken even though the time limit for discovery under Chapter 8 (commencing with Section 2024.010) has expired.

Plain-English Summary

The main exchange under Section 2034.260 happens on one fixed date, but expert disclosures do not always land evenly: an adverse party might designate an expert to testify on a subject the responding party had no reason to anticipate and had not retained its own expert to address. This section gives a party a narrow, time-limited chance to respond in kind. Within 20 days after the exchange, a party who took part in it may submit a supplemental list naming experts who will speak to a subject an adverse party's expert covers, but only if the supplementing party had not already retained an expert on that subject before the original exchange.

A supplemental list is not a bare name and address this time. It has to come with an expert witness declaration under subdivision (c) of Section 2034.260, the same qualifications, expected-testimony, and fee disclosures required for the original exchange, along with any discoverable reports and writings the newly added experts have prepared. And because a supplemental expert surfaces later in the case, this section requires the supplementing party to make those experts immediately available for deposition under Article 3, even if the general discovery cutoff in Section 2024.010 has already passed, so the other side is not shut out of testing the new expert's opinion before trial.

Frequently Asked Questions

How long does a party have to submit a supplemental expert witness list?

20 days after the exchange described in Section 2034.260.

When can a party use this supplemental list procedure?

Only to name experts who will address a subject covered by an adverse party's designated expert, and only if the supplementing party had not already retained an expert on that subject.

What must accompany a supplemental expert witness list?

An expert witness declaration under subdivision (c) of Section 2034.260 for the additional experts, along with any discoverable reports and writings those experts have made.

Does the general discovery cutoff prevent deposing a supplemental expert?

No. The supplementing party must make the additional experts immediately available for deposition, even if the time limit for discovery under Section 2024.010 has expired.

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
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