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In a California civil lawsuit, how much time must a defense…

Customer Question
In a California civil...

In a California civil lawsuit, how much time must a defense attorney give the suing attorney to answer if he plans to use expert witnesses?

Lawyer's Assistant: Has he talked to a CA lawyer about this?

Please define your "he"

Lawyer's Assistant: What steps has he taken so far?

In an existing civil lawsuit a defense attorney asked the attorney who filed the complaint in the above Question - we are the complainant, Our attorney advised us on Thursday of this request and told we must answer by Monday. This seems a VERY short time - what is the normal time to exchange information required by the court?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of now

Submitted: 4 months ago.Category: Legal
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Answered in 3 hours by:
3/18/2018
Lawyer: N Cal Atty, Lawyer replied 4 months ago
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,797
Experience: attorney at self
Verified

Thank you for your question.

California Code of Civil Procedure § 2024.230 provides:

"(a) A demand for an exchange of information concerning expert trial witnesses shall be in writing and shall identify, below the title of the case, the party making the demand. The demand shall state that it is being made under this chapter.

(b) The demand shall specify the date for the exchange of lists of expert trial witnesses, expert witness declarations, and any demanded production of writings. The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange."

If you need more time, you can request opposing counsel to stipulate to additional time.

I hope this information is helpful.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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