sec.232Expert reports

### sec.232 Expert reports An expert report is admissible in evidence in a proceeding under this Act, whether or not the person making the report (the expert ) attends to give oral evidence in the proceeding. However, if the expert does not attend to give oral evidence in the proceeding, 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 its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; any other relevant circumstance. An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence. In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report. (sec.232-ssec.1) An expert report is admissible in evidence in a proceeding under this Act, whether or not the person making the report (the expert ) attends to give oral evidence in the proceeding. (sec.232-ssec.2) However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave. (sec.232-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 its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; any other relevant circumstance. (sec.232-ssec.4) An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence. (sec.232-ssec.5) In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, 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 its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; - (d) any other relevant circumstance.