177Certificates of expert evidence

### 177 Certificates of expert evidence > > (1)  Evidence of a person's opinion may be adduced by tendering an expert certificate signed by the person that – > > > > > > (a) states the person's name and address; and > > > > > > > (b) states that the person has specialised knowledge based on training, study or experience as specified in the certificate; and > > > > > > > (c) sets out an opinion that the person holds and that is expressed to be wholly or substantially based on that knowledge. > > > (2)  [Subsection (1)](#GS177@Gs1@EN) does not apply unless the party seeking to tender the expert certificate has served on each other party – > > > > > > (a) a copy of the certificate; and > > > > > > > (b) a written notice stating that the party proposes to tender the certificate as evidence of the opinion. > > > (3)  Service must be effected not later than – > > > > > > (a) 21 days before the hearing; or > > > > > > > (b) if, on application by the party before or after service, the court substitutes a different period, the beginning of that period. > > > (4)  Service for the purpose of [subsection (2)](#GS177@Gs2@EN) may be proved by affidavit. > > > (5)  A party on whom the documents referred to in [subsection (2)](#GS177@Gs2@EN) are served, by written notice served on the party proposing to tender the expert certificate, may require the party to call the person who signed the certificate to give evidence. > > > (6)  The expert certificate is not admissible as evidence if such a requirement is made. > > > (7)  The court may make any order with respect to costs it considers just against a party who, without reasonable cause, required a party to call a person to give evidence under this section.