United States · California Code of Civil Procedure
When must California expert exchange be demanded?
CCP 2034.220 selects ten days after the initial trial is set or seventy days before that trial, whichever is closer to trial.
- Period
- The existing flagged preset lacks the initial-trial-setting date needed for the closer-to-trial demand comparison. No computed or paid demand date is published.
- Trigger
- The setting of the initial trial and that initial trial date
- Rule
- CCP 2034.220
Official current section reviewed. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
Source guide · No automated date
When must California expert exchange be demanded?
The existing flagged preset lacks the initial-trial-setting date needed for the closer-to-trial demand comparison. No computed or paid demand date is published.
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Which event starts this CCP 2034.220 inquiry?
The setting of the initial trial and that initial trial date
The seventy-day-before-trial limb alone cannot select the closer of both permitted demand boundaries.
Responsible actor. The party demanding exchange of expert trial-witness information. Establish the date the initial trial was set and the trial date. The demand comparison differs from the later exchange-date comparison. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 2034.220Which comparisons must be resolved before counting?
- The setting of the initial trial and that initial trial date
- The seventy-day-before-trial limb alone cannot select the closer of both permitted demand boundaries.
- Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
- Make the written demand within the controlling opportunity, identify the demanding party and chapter, and specify the separately determined exchange date.
CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 12, exclusion of the first dayWhat distinguishes the statutory branches?
Assume two cases have the same trial date but that date was initially set on different days. The tenth-day-after-setting limb can produce different demand opportunities.
The existing flagged preset lacks the initial-trial-setting date needed for the closer-to-trial demand comparison. No computed or paid demand date is published.
Which qualifications change this procedure?
- Demand comparison
- The statute compares the tenth day after setting with seventy days before the initial trial and selects the closer-to-trial branch.
- Exchange date
- CCP 2034.230(b) separately compares fifty days before trial with twenty days after demand service, subject to court ordering.
- Service methods and distinct statutory additions
- These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
- Edition and calendar coverage
- The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
- Establish the date the initial trial was set and the trial date. The demand comparison differs from the later exchange-date comparison. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The existing flagged preset lacks the initial-trial-setting date needed for the closer-to-trial demand comparison. No computed or paid demand date is published.
Which acts and evidence must be preserved?
Questions about CCP 2034.220
When must California expert exchange be demanded?
Is seventy days before trial always the demand boundary?
No. The ten-days-after-setting limb may be closer to trial.
CCP 2034.220Does the demand boundary also establish the exchange date?
No. CCP 2034.230 uses its separate two-date comparison.
CCP 2034.230(b)Is leave of court required just to make the identified demand?
CCP 2034.220 permits any party to demand the exchange without leave of court, within its stated timing.
CCP 2034.220Official California sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CCP 2034.220 | The particular actor, event, period and required act |
| CCP 2034.220 | The separately identified counting, filing, holiday or procedural qualification |
| CCP 2034.230(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12, exclusion of the first day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |