105Expert evidence

105 Expert evidence

(1)  [Rule 105 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] A party intending to rely on the opinion of any expert at the trial of a proceeding is to –

(a) obtain a written report from the expert; and

(b) serve on all other parties a copy of the report, together with the name, address and qualifications of the expert –

(i) within 21 days after obtaining the report; and

(ii) not less than 21 days before the date fixed for trial; and

(c) file a copy of the report not less than 7 days before –

(i) the date fixed for trial; or

(ii) if a conciliation conference is to be held, the date fixed for the conciliation conference.

(2)  If a party does not comply with subrule (1) , the Court may refuse to hear the expert.

(3)  The Court may receive a report from an expert as an exhibit whether or not the expert is called as a witness.