Court Procedures Forms
78Mandatory pre-trial disclosure—expert evidence
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78 Mandatory pre-trial disclosure—expert evidence (1) After an indictment is filed in a proceeding, the following pre-trial disclosure is required: (a) the prosecutor must give each accused person written notice in accordance with section 79 about whether or not the prosecution will adduce expert evidence in the proceeding;
(b) an accused person must give the prosecution and each co-accused person (if any)— (i) written notice about whether or not the accused person will adduce expert evidence in the proceeding; and (ii) if the accused person receives written notice under this division from the prosecution or a co-accused person about an intention to adduce expert evidence in the proceeding— written notice in reply in accordance with section 79A; (c) if the prosecutor receives written notice under this division from an accused person about an intention to adduce expert evidence in the proceeding—the prosecutor must give each accused person written notice in reply in accordance with section 79B. (2) Pre-trial disclosure in accordance with this section must happen before the date set for the trial in the proceeding and in accordance with a timetable determined by the court. (3) The court may vary the timetable determined under subsection (2) if it considers that it would be in the interests of justice to do so.