sec.253Expert reports

### sec.253 Expert reports An expert report is admissible in evidence, whether or not the person making the report (the expert ) attends to give oral evidence. However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave. In deciding whether to grant leave, the court must have regard to the following— the contents of the report; the reasons the expert is not attending to give oral evidence; the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; any other relevant circumstance. An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence. In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report. (sec.253-ssec.1) An expert report is admissible in evidence, whether or not the person making the report (the expert ) attends to give oral evidence. (sec.253-ssec.2) However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave. (sec.253-ssec.3) In deciding whether to grant leave, the court must have regard to the following— the contents of the report; the reasons the expert is not attending to give oral evidence; the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; any other relevant circumstance. (sec.253-ssec.4) An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence. (sec.253-ssec.5) In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report. - (a) the contents of the report; - (b) the reasons the expert is not attending to give oral evidence; - (c) the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; - (d) any other relevant circumstance.