(a) If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert.
§ 2034.470.Reasonableness of expert fees; motion for order setting compensation
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
In one sentenceSection 2034.470 lets a party who considers an expert's deposition fee unreasonable move, after notice to the expert and a meet-and-confer effort, for a court order setting the fee based on what the expert customarily charges outside the litigation and other listed factors, with a mandatory sanction against whoever loses the motion.
Full Text of § 2034.470
(b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. In any attempt at an informal resolution under Section 2016.040, either the party or the expert shall provide the other with all of the following:
(1) Proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation.
(2) The total number of times the presently demanded fee has ever been charged and received by that expert.
(3) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion.
(c) In addition to any other facts or evidence, the expert or the party designating the expert shall provide, and the court's determination as to the reasonableness of the fee shall be based on, proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation.
(d) In an action filed after January 1, 1994, the expert or the party designating the expert shall also provide, and the court's determination as to the reasonableness of the fee shall also be based on, both of the following:
(1) The total number of times the presently demanded fee has ever been charged and received by that expert.
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(2) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion.
(e) The court may also consider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination.
(f) Upon a determination that the fee demanded by that expert is unreasonable, and based upon the evidence and factors considered, the court shall set the fee of the expert providing testimony.
(g) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to set the expert witness fee, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
Plain-English Summary
An expert's demanded fee is not beyond challenge, and this section supplies the mechanism for testing it. A party who deems the expert's hourly or daily fee for deposition testimony unreasonable may move for an order setting the expert's compensation, with notice of the motion going to the expert as well as to the opposing party, since the outcome directly affects what the expert gets paid.
The motion must be backed by a meet-and-confer declaration under Section 2016.040, and the informal exchange behind that declaration has real substance to it: the party or the expert has to share proof of the fee the expert ordinarily charges and receives for similar work outside this litigation, how many times the presently demanded fee has ever been charged, and how often that fee has been charged within the two years before the hearing. The court's ultimate determination rests on that same evidence, the expert's customary fee outside the case and, for actions filed after January 1, 1994, the frequency data as well, along with fees charged by comparable experts in the relevant community and any other factor the court finds relevant. If the court finds the demanded fee unreasonable, it sets the fee itself. And as with other discovery motions in this chapter, a monetary sanction under Chapter 7 is mandatory against whoever loses the motion, unless that party acted with substantial justification or a sanction would otherwise be unjust.
Frequently Asked Questions
Who can move to have an expert's deposition fee reduced?
The party who deems the fee unreasonable may move for an order setting the expert's compensation, with notice given to the expert as well as the opposing party.
What must the motion be accompanied by?
A meet-and-confer declaration under Section 2016.040, reflecting an attempt at informal resolution before the motion is filed.
What evidence does the court rely on to decide whether a fee is reasonable?
Proof of the fee the expert ordinarily charges and receives for similar services outside the litigation, how often the demanded fee has been charged, and, for cases filed after January 1, 1994, how frequently it has been charged in the two years before the hearing, plus fees charged by comparable experts in the community and any other relevant factor.
What happens if the court finds the demanded fee unreasonable?
The court sets the expert's fee itself based on the evidence and factors considered.
Is a sanction automatic on a motion to set an expert's fee?
Generally yes. The court must impose a monetary sanction against whoever unsuccessfully makes or opposes the motion, unless that party acted with substantial justification or the sanction would be unjust.
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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