With 2017 in full swing and the calendar of trial dates filling up, we wanted to make sure that you are aware of a new amendment to the Code of Civil Procedure that affects the admissibility of expert testimony.

In the past, the expert was required to bring their materials listed in the notice with them on the day of the deposition.  This new amendment now requires that these materials must be produced no later than three business days BEFORE the deposition.  If this requirement is not met, the judge may exclude the expert’s testimony.  AB 2427 Section 2034.415 states:

“An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice.” 

Keeping this in mind, we will be sure to adhere to this for every deposition, and wanted to pass along the information in case it was news to you.