§ 2034.300.300
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
Full Text of § 2034.300
Plain-English Summary
This section is what gives the rest of Chapter 18 its teeth. A party who plays by the exchange rules and then watches an opposing expert testify anyway, despite the opposing side having skipped a step, can object and force exclusion. If a party objects, and that objecting party made a complete and timely exchange under Section 2034.260, the trial court must exclude from evidence the opinion of any expert offered by a party who unreasonably failed to do what the chapter required.
Four failures trigger this consequence: not listing the witness as an expert under Section 2034.260, not submitting the required expert witness declaration, not producing the expert's reports and writings under Section 2034.270, or not making the expert available for a deposition under Article 3. The word unreasonably matters here; a failure explained by circumstances beyond the offering party's control, rather than by neglect or gamesmanship, does not automatically trigger exclusion. And this section is not the last word on its own operation: Section 2034.310 carves out situations where an undesignated expert can still testify, and Articles 4 and 5, covering augmentation motions and the court's discretion to manage the exchange, supply their own paths around a strict exclusion result.
Frequently Asked Questions
What must a party show to get an opposing expert excluded under this section?
That the party seeking exclusion made a complete and timely exchange under Section 2034.260, and that the party offering the expert unreasonably failed to list, declare, produce reports for, or produce for deposition that expert.
What four failures can lead to exclusion of an expert's opinion?
Does every missed step lead to automatic exclusion?
No. Exclusion requires that the failure be unreasonable, and it is also subject to the impeachment exception in Section 2034.310 and to the augmentation and case-management provisions in Articles 4 and 5.
Who has to raise the exclusion issue for the court to act on it?
The party who made a complete and timely exchange must object; the trial court then excludes the opinion testimony rather than doing so automatically without an objection.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)