516Service of statement of expert evidence

516 Service of statement of expert evidence

[Rule 516 Substituted by S.R. 2007, No. 23, Applied:02 May 2007] [Rule 516 Subrule (2) amended by S.R. 2012, No. 90, Applied:17 Oct 2012] [Rule 516 Subrule (4) inserted by S.R. 2012, No. 90, Applied:17 Oct 2012] [Rule 516 Subrule (5) inserted by S.R. 2012, No. 90, Applied:17 Oct 2012] [Rule 516 Subrule (6) inserted by S.R. 2012, No. 90, Applied:17 Oct 2012] [Rule 516 Substituted by S.R. 2015, No. 99, Applied:06 Jan 2016]

(1)  A party that intends to present the evidence of an expert at a trial is to serve on each other party –

(a) a report containing the evidence; and

(b) a statement signed by the expert containing an acknowledgement by the expert that he or she –

(i) has read and understood the Expert Witness Code of Conduct; and

(ii) has complied with, and will continue to comply with, the Expert Witness Code of Conduct; and

(iii) will comply with any order made under subrule (4) .

(2)  The report and signed statement are to be served, jointly –

(a) on or before the date fixed by order of a judge, being a date before the trial; or

(b) if no such date is so fixed, within a reasonable time before the commencement of the trial.

(3)  Where –

(a) a party to a proceeding receives a report from an expert witness containing a change of opinion on a material matter (revised report); and

(b) the revised report relates to a report and signed statement that the party has served under in the same proceeding –