We have a judge who has a standing discovery order stating that all experts must be disclosed at least 20 days prior to trial (CCP 39.14). Our experts have been on file for a year. A week ago, the defense attorney stated he was ready "subject to his expert being available". The defense has never filed any type of notice of experts.

The judge caught wind that we are going to object to any defense expert testimony being introduced now. The judge is talking about allowing the defense expert to testify because we failed to object at the trial announcement when the defense said they were going to call an expert. We say we haven't waived any objections and the defense should be required to comply with the standing discovery order.

To clarify, I still have no idea who the mystery expert is.

Any thoughts?

Welcome to the one-way street we call criminal justice.

If your objection is successful, the case may be reversed later for ineffective assistance of counsel. Your judge is apparently taking the long-range point of view in this situation.

Your best bet is to either call the defense lawyer, get the name of the defense expert and get prepared or file a motion for continuance to give yourself time to get prepared for the expert.

It won't help on this case, but some folks make it a standard procedure to file a request for notice of experts that triggers disclosure requirements irrespective of the standing order of the court.