Retained expert: produce materials called for by deposition notice
3 court days before date of the expert's deposition, under Cal. Code Civ. Proc. 2034.415.
Rule text
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.
Calculate this deadline
- Trigger (Date of the expert's deposition): Friday, November 6, 2026.
- Count back 3 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, November 3, 2026.
Cal. Code Civ. Proc. 2034.415
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.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- Statute says 'business days', which the CCP does not define; modeled as court days (excluding weekends and court holidays). AMBIGUITY: a non-judicial business day could differ from a court day. Applies to retained/party/employee experts described in 2034.210(b). Added eff. Jan. 1, 2017.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the expert's deposition on Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.
- Trigger (Date of the expert's deposition): Monday, March 15, 2027.
- Count back 3 court days (Saturdays, Sundays, and court holidays are not counted): Wednesday, March 10, 2027.
Notes
Statute says 'business days', which the CCP does not define; modeled as court days (excluding weekends and court holidays). AMBIGUITY: a non-judicial business day could differ from a court day. Applies to retained/party/employee experts described in 2034.210(b). Added eff. Jan. 1, 2017.
Related deadlines
- Responses to interrogatories (30 days after)
- Responses to requests for production (inspection demands) (30 days after)
- Responses to requests for admission (30 days after)
- Unlawful detainer: responses to interrogatories, inspection demands, requests for admission (5 days after)
- Motion to compel further responses (interrogatories, inspection demands, RFAs) (45 days after)
- Discovery cutoff (complete discovery) (30 days before)
- Discovery motion cutoff (last day for hearing) (15 days before)
- Demand for exchange of expert witness information: last day (70 days before)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.