1241Service of expert reports

1241 Service of expert reports (1) Each party must serve on each other active party to a proceeding a copy of each expert report obtained by the party in accordance with any direction made by the court. (a) a party obtains an expert report after serving reports under subrule (1); and (i) the report is only responding to another report served under this rule; or (ii) the report updates another report served under this rule; the party must serve a copy of the report on each other active party not later than 3 days after the day the party obtains the report. (3) An expert report must not be tendered, and is not admissible, in the proceeding unless it has been served in accordance with this rule, except with— (a) the court’s leave; or (b) the agreement of all active parties to the proceeding. (4) The court must not give leave under subrule (3) (a) unless satisfied (a) there are exceptional circumstances that justify giving leave; or (b) the expert report only updates an earlier version of an expert report that has been served in accordance with this rule. (5) This rule applies subject to any order of the court. Expert reports Division 2.12.3 Rule 1242