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ARTICLE · 05 MARCH 2015

Think You’re Going To Supplement Your Expert Disclosure? Think Again.

Venable LLP
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As is the nature of litigation, plaintiffs and defendants often view a case differently. Whether an issue does or does not require expert testimony is no exception.

United StatesLitigation, Mediation & Arbitration
Kimberly Culp
Kimberly Culp

As is the nature of litigation, plaintiffs and defendants often view a case differently. Whether an issue does or does not require expert testimony is no exception. A plaintiff may think that expert testimony is required on an issue that defendant thinks requires no expert testimony at all. So, not surprisingly, the plaintiff may disclose an expert on an issue that the defendant does not disclose an expert on. What happens if the defendant (or plaintiff if the tables were turned) now wants to supplement their expert disclosure?

California Code of Civil Procedure Section 2034.280 allows for the supplemental exchange of experts. Subsection (a) provides that "[w]ithin 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if

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