sch.1-sec.11Supplementary report following change of opinion [r 35B(1) to (4)]

sch.1-sec.11 Supplementary report following change of opinion [r 35B(1) to (4)]

Subrule (2) applies if the expert changes, in a material way, an opinion included in a report prepared for the P&E Court proceeding (an earlier report ). Unless the expert knows the P&E Court proceeding has ended, the expert must, as soon as practicable after the change of opinion, give written notice of the change of opinion, and the reason for the change, to the active party who appointed the expert. If the earlier report has been given under rule 28 of these rules or served under part 3 , division 4 of these rules, the active party who appointed the expert must, as soon as practicable after receiving the notice— obtain a further report from the expert (a supplementary report ) that— states the change of opinion and the reason for the change; and otherwise complies with rule 10 ; and serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and apply to the P&E Court for an order or directions about the supplementary report. For subrule (3) (a) (ii) , the supplementary report may, to the extent necessary, comply with rule 10 by incorporating by reference parts of the earlier report. (sch.1-sec.11-ssec.1) Subrule (2) applies if the expert changes, in a material way, an opinion included in a report prepared for the P&E Court proceeding (an earlier report ). (sch.1-sec.11-ssec.2) Unless the expert knows the P&E Court proceeding has ended, the expert must, as soon as practicable after the change of opinion, give written notice of the change of opinion, and the reason for the change, to the active party who appointed the expert. (sch.1-sec.11-ssec.3) If the earlier report has been given under rule 28 of these rules or served under part 3 , division 4 of these rules, the active party who appointed the expert must, as soon as practicable after receiving the notice— obtain a further report from the expert (a supplementary report ) that— states the change of opinion and the reason for the change; and otherwise complies with rule 10 ; and serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and apply to the P&E Court for an order or directions about the supplementary report. (sch.1-sec.11-ssec.4) For subrule (3) (a) (ii) , the supplementary report may, to the extent necessary, comply with rule 10 by incorporating by reference parts of the earlier report.

• (a) obtain a further report from the expert (a supplementary report ) that— (i) states the change of opinion and the reason for the change; and (ii) otherwise complies with rule 10 ; and
• (i) states the change of opinion and the reason for the change; and
• (ii) otherwise complies with rule 10 ; and
• (b) serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and