Land Court Rules 2022
sec.29Evidence given by expert
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sec.29 Evidence given by expert
An expert may give evidence-in-chief in a proceeding only by giving a report to the court. The report may be tendered as evidence in the proceeding only if— the report has been disclosed under this subdivision; or the court gives leave. Subject to a direction given under rule 19 , any party to the proceeding may tender the report as evidence in the proceeding, but only if the party produces the expert for cross-examination, if required. Despite subrule (1) , oral evidence-in-chief may be given by an expert if the court gives leave. If an expert has prepared and provided a report, the expert must not give expert evidence that is contrary to the opinion expressed in the report unless the court gives leave. A court may direct an expert to give expert evidence concurrently with 1 or more other experts in the same or a related area of expertise. (sec.29-ssec.1) An expert may give evidence-in-chief in a proceeding only by giving a report to the court. (sec.29-ssec.2) The report may be tendered as evidence in the proceeding only if— the report has been disclosed under this subdivision; or the court gives leave. (sec.29-ssec.3) Subject to a direction given under rule 19 , any party to the proceeding may tender the report as evidence in the proceeding, but only if the party produces the expert for cross-examination, if required. (sec.29-ssec.4) Despite subrule (1) , oral evidence-in-chief may be given by an expert if the court gives leave. (sec.29-ssec.5) If an expert has prepared and provided a report, the expert must not give expert evidence that is contrary to the opinion expressed in the report unless the court gives leave. (sec.29-ssec.6) A court may direct an expert to give expert evidence concurrently with 1 or more other experts in the same or a related area of expertise.
- (a) the report has been disclosed under this subdivision; or
- (b) the court gives leave.