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§ 2034.290.Retention of original demand, with proof of service, and original 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 2034.290 keeps a demand for exchange of expert witness information, and the expert witness lists and declarations exchanged in response, out of the court file, requires the demanding party to retain the originals for six months after final disposition, and requires the paperwork be lodged with the court once its contents become relevant to a pending issue in the action.

Full Text of § 2034.290

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

(a) A demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged shall not be filed with the court.
(b) The party demanding the exchange shall retain both the original of the demand, with the original proof of service affixed, and the original of all expert witness lists and declarations exchanged in response to the demand until six months after final disposition of the action. At that time, all originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.
(c) Notwithstanding subdivisions (a) and (b), a demand for exchange of information concerning expert trial witnesses, and all expert witness lists and declarations exchanged in response to it, shall be lodged with the court when their contents become relevant to an issue in any pending matter in the action.

Plain-English Summary

This section treats expert witness exchange paperwork the same way the discovery act treats most other discovery: it stays between the parties unless a dispute pulls it into the courtroom. The demand for exchange itself, along with every expert witness list and declaration exchanged in response to it, is not filed with the court. That keeps the court file focused on matters in dispute rather than accumulating the routine back-and-forth of expert disclosure.

Someone still has to hold on to the paper, and this section assigns that job to the party who made the demand. That party must keep the original demand, with the original proof of service attached, along with the originals of every list and declaration exchanged in response, until six months after the action reaches final disposition. Once that period runs, the originals may be destroyed, unless a court, on a motion by any party and for good cause shown, orders them preserved longer. And the general no-filing rule gives way whenever the demand or the exchanged lists and declarations become relevant to an issue pending in the action; at that point they must be lodged with the court rather than kept off the record.

Frequently Asked Questions

Is the demand for exchange of expert witness information filed with the court?

No. Section 2034.290 keeps the demand, and the expert witness lists and declarations exchanged in response to it, out of the court file.

Who has to keep the originals of the demand and the exchanged expert information?

The party who made the demand must retain the original demand with its proof of service, and the originals of all lists and declarations exchanged in response, until six months after the action's final disposition.

Can the originals be destroyed after six months?

Yes, unless a court orders otherwise. On motion of any party and for good cause shown, a court can order the originals preserved for a longer period.

When must the demand or the exchanged expert information be given to the court?

Once its contents become relevant to an issue pending in the action, at which point it must be lodged with the court despite the general rule against filing it.

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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