sec.26Permitted communications between experts and parties

sec.26 Permitted communications between experts and parties

If the court directs a meeting of experts, any of the experts may, in writing— ask the parties for information that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or inform the parties of any matter adversely affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. A communication mentioned in subrule (1) must— be made jointly to all of the parties; and state— whether or not all of the experts agree on the terms of the communication; and if all of the experts do not agree on the terms of the communication—the matters on which the experts disagree. Any response by a party to a communication mentioned in subrule (1) must— be in writing; and be addressed to the experts jointly; and be in terms agreed to by the parties or directed by the court. If the meeting of experts has not concluded, or the joint report has not been given to the parties as required under this subdivision, a party may, in writing, request the experts to give a written report (a progress report ) about the progress of the meeting of experts or the joint report. The experts must, within 2 business days after a request is made under subrule (4) , give a progress report to all of the parties. The progress report must state— whether or not all of the experts agree on the terms of the report; and if all of the experts do not agree on the terms of the report—the matters on which the experts disagree. This rule does not apply to a proceeding the court has directed be subject to a process under rule 27 . (sec.26-ssec.1) If the court directs a meeting of experts, any of the experts may, in writing— ask the parties for information that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or inform the parties of any matter adversely affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. (sec.26-ssec.2) A communication mentioned in subrule (1) must— be made jointly to all of the parties; and state— whether or not all of the experts agree on the terms of the communication; and if all of the experts do not agree on the terms of the communication—the matters on which the experts disagree. (sec.26-ssec.3) Any response by a party to a communication mentioned in subrule (1) must— be in writing; and be addressed to the experts jointly; and be in terms agreed to by the parties or directed by the court. (sec.26-ssec.4) If the meeting of experts has not concluded, or the joint report has not been given to the parties as required under this subdivision, a party may, in writing, request the experts to give a written report (a progress report ) about the progress of the meeting of experts or the joint report. (sec.26-ssec.5) The experts must, within 2 business days after a request is made under subrule (4) , give a progress report to all of the parties. (sec.26-ssec.6) The progress report must state— whether or not all of the experts agree on the terms of the report; and if all of the experts do not agree on the terms of the report—the matters on which the experts disagree. (sec.26-ssec.7) This rule does not apply to a proceeding the court has directed be subject to a process under rule 27 .