§ 2034.410.Persons permitted to depose experts; procedural requirements
Title 4. Civil Discovery Act · Chapter 18. Simultaneous Exchange of Expert Witness Information · Article 3. Deposition of Expert Witness · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2034.410
Plain-English Summary
This section opens Article 3 with the basic authorization to depose a disclosed expert. Once a party receives an expert witness list from another party, receipt of that list is enough on its own to let any other party notice the deposition of any person named on it. No separate showing of need is required; disclosure through the exchange process is what triggers the right to depose.
Rather than build an entirely separate deposition procedure for experts, this section borrows the existing machinery. The rules for taking oral depositions in Chapter 9, written depositions in Chapter 10, and depositions of an entity's designated witness in Chapter 11 all apply to an expert deposition just as they would to any other deposition. The rest of Article 3, covering document production timing, location, and fees, layers modifications on top of that general framework rather than replacing it, so a practitioner deposing an expert still needs the ordinary deposition rules as the starting point.
Frequently Asked Questions
What triggers the right to depose an expert witness?
Receipt of an expert witness list naming that expert. Any other party may then notice the deposition of any person on the list.
Do the ordinary deposition rules apply to an expert witness deposition?
Yes. The procedures for oral and written depositions in Chapters 9, 10, and 11 apply, except where Article 3 provides something different.
Does a party need to show good cause before deposing a disclosed expert?
No. Being named on an exchanged expert witness list is itself sufficient to allow any other party to notice that expert's deposition.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)