Even when a litigant can’t assert a statutory privilege, private matters may nonetheless be protected from discovery under the constitutional right of privacy. Balancing the privacy interest at stake against the need for discovery has always been a difficult task. But a recent California Supreme Court case, Williams v Superior Court (2017) 3 C5th 531, has clarified the proper analysis to use.
If a party serves a timely demand to exchange expert witness information under CCP §2034.210(a), the exchange becomes mandatory and failure to participate in the exchange will preclude a party from offering expert testimony in the case. Perry v Bakewell Hawthorne, LLC (2017) 2 C5th 536, 543. The exchange of expert witness information has specific requirements that can trip you up. Review these four points and you’ll know what to do.