sec.35BSupplementary report following change of opinion

sec.35B Supplementary report following change of opinion

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 or served under this division, 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 35 ; 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 35 by incorporating by reference parts of the earlier report. The expert may be called to give evidence only with the P&E Court’s leave. r 35B ins 2022 SL No. 18 s 10 (sec.35B-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 ). (sec.35B-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. (sec.35B-ssec.3) If the earlier report has been given under rule 28 or served under this division, 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 35 ; 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. (sec.35B-ssec.4) For subrule (3) (a) (ii) , the supplementary report may, to the extent necessary, comply with rule 35 by incorporating by reference parts of the earlier report. (sec.35B-ssec.5) The expert may be called to give evidence only with the P&E Court’s leave.

• (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 35 ; and
• (i) states the change of opinion and the reason for the change; and
• (ii) otherwise complies with rule 35 ; and
• (b) serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and