Legal Question in Civil Litigation in California

Re: Motion regarding Expert Witness depo

I am unaware of any authority for such a request. Generally the court will simply honor the "first in time" order of discovery. If the opposition served notice setting your expert first, they will in all probability be taking that deposition before you take the depo of theirs.

Re: Motion regarding Expert Witness depo

I know of no right under the California Code of Civil Procedure (CCP) which would allow you to dictate the order of expert witness depositions.

You might, however, IF there is enough time to do so under CCP Sec. 2025.270, simply serve a notice of the plaintiff's expert for a date prior to that set for you expert's deposition. (Sec. 2025.270 requires you to serve the expert least 10 days before the deposition with a notice of the deposition and a deposition subpoena.)

(See also CCP, Sec. 2025.280.) Also, you will have to either tender the expert witness fees along with the notice of deposition to opposing counsel, or at least be prepared to tender them before the start of the deposition. (See CCP, Sec. 2034.450 and Sec. 2034.460.)

Also, check to see whether the plaintiff (or his attorney) tendered the expert's witness fee for your expert at the time he served the notice of deposition. If not, and if plaintiff's attorney does not tender the fee at the start of your expert's deposition, the deposition of the expert cannot proceed without your consent. (See CCP, Sec. 2034.460 (b).)

This might delay the deposition of your expert long enough to suit your purpose.

Hint: If this case is complex enough to require expert testimony, you really should have an attorney, since it appears that you are already in over your head.