1202Meaning of expert, expert witness and expert report

1202 Meaning of expert, expert witness and expert report (1) In these rules: expert, in relation to a proceeding, means a person who— (a) has specialised knowledge about matters relevant to an issue arising in the proceeding based on the person’s training, study or experience; and (b) would, if called as a witness at the trial of the proceeding, be qualified to give opinion evidence as an expert witness in relation to the issue. expert witness, in relation to a proceeding, means an expert appointed or engaged to do either or both of the following: (a) to provide a report about the expert’s opinion for use as evidence in the proceeding; (b) to give opinion evidence in the proceeding. (2) In these rules, an expert report, in relation to a proceeding, is a written statement by an expert (whether or not an expert witness in the proceeding), if the statement complies with the following requirements: (a) the statement sets out the expert’s opinion and the facts on which the opinion is formed; (b) the statement includes the substance of the expert’s evidence that the party serving the statement intends to adduce in evidence in chief at the trial of the proceeding. (3) However, if the expert provides 2 or more written statements for a party for the proceeding, each of the statements is an expert report if the statements, taken together, comply with subrule (2) (a) and (b). Expert evidence generally Division 2.12.1 Rule 1203