sec.182Expert report

### sec.182 Expert report 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, 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; why the expert does not intend to give oral evidence; the risk that the report’s admission in, or exclusion from, evidence would be unfair to a party, having regard in particular to the party’s ability to controvert the contents of the report if the expert does not give oral evidence; any other circumstance the court considers relevant. An expert report when admitted is evidence of a fact or opinion of which the expert could have given oral evidence. In this section— expert report means a report made by a person dealing entirely or mainly with issues the person is qualified to give expert evidence about, but does not include an analyst’s report. (sec.182-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.182-ssec.2) However, if the expert does not attend to give oral evidence, the report is admissible only with the court’s leave. (sec.182-ssec.3) In deciding whether to grant leave, the court must have regard to the following— the contents of the report; why the expert does not intend to give oral evidence; the risk that the report’s admission in, or exclusion from, evidence would be unfair to a party, having regard in particular to the party’s ability to controvert the contents of the report if the expert does not give oral evidence; any other circumstance the court considers relevant. (sec.182-ssec.4) An expert report when admitted is evidence of a fact or opinion of which the expert could have given oral evidence. (sec.182-ssec.5) In this section— expert report means a report made by a person dealing entirely or mainly with issues the person is qualified to give expert evidence about, but does not include an analyst’s report. - (a) the contents of the report; - (b) why the expert does not intend to give oral evidence; - (c) the risk that the report’s admission in, or exclusion from, evidence would be unfair to a party, having regard in particular to the party’s ability to controvert the contents of the report if the expert does not give oral evidence; - (d) any other circumstance the court considers relevant.