§ 2034.415.Production of materials

This section fills a timing gap that used to let document production drag out to the day of an expert's deposition, leaving the deposing party no chance to review the material beforehand. It applies to the kind of retained expert described in Section 2034.210, an expert who has prepared, or is expected to prepare, a written report and whose deposition notice, issued under Section 2025.220, calls for the production of documents or other materials.

Under this section, that production cannot wait until the deposition begins. The expert must produce whatever materials or category of materials the notice calls for, including electronically stored information, no later than three business days before the deposition date. That advance window gives the deposing attorney time to review the file, spreadsheets, underlying data, or other backup an expert relied on, rather than confronting it cold at the deposition table and having to adjourn to absorb it.