516Service of statement of expert evidence

### 516 Service of statement of expert evidence > [*\[Rule 516 Substituted by S.R. 2007, No. 23, Applied:02 May 2007\]*](/view/html/inforce/2007-05-02/sr-2007-023#GS13@EN) [*\[Rule 516 Subrule (2) amended by S.R. 2012, No. 90, Applied:17 Oct 2012\]*](/view/html/inforce/2012-10-17/sr-2012-090#GS9@Hpa@EN) [*\[Rule 516 Subrule (4) inserted by S.R. 2012, No. 90, Applied:17 Oct 2012\]*](/view/html/inforce/2012-10-17/sr-2012-090#GS9@Hpb@EN) [*\[Rule 516 Subrule (5) inserted by S.R. 2012, No. 90, Applied:17 Oct 2012\]*](/view/html/inforce/2012-10-17/sr-2012-090#GS9@Hpb@EN) [*\[Rule 516 Subrule (6) inserted by S.R. 2012, No. 90, Applied:17 Oct 2012\]*](/view/html/inforce/2012-10-17/sr-2012-090#GS9@Hpb@EN) [*\[Rule 516 Substituted by S.R. 2015, No. 99, Applied:06 Jan 2016\]*](/view/html/inforce/2016-01-06/sr-2015-099#GS7@EN) > > > (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)](#GS516@Gs4@EN) . > > > (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 [subrule (2)](#GS516@Gs1@EN) in the same proceeding – > > > > the party (or the party's legal representative) is to serve the revised report on each other party to the proceeding as soon as practicable. > > > (4)  If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, the Court or a judge may, either on or without application, make one or more of the following orders: > > > > > > (a) that all factual evidence relevant to the opinion of any expert be adduced before the expert is called to give evidence; > > > > > > > (b) that on the completion of the factual evidence pursuant to any order made under [paragraph (a)](#GS516@Gs4@Hpa@EN) , each expert provide a supplementary report – > > > > > > > > > > (i) stating whether the expert adheres to his or her previously expressed opinion or holds a different opinion; and > > > > > > > > > > > (ii) further stating, if applicable, the different opinion and the factual evidence on which it is based; > > > > > > > (c) that each expert give an opinion about the opinion of any other expert; > > > > > > > (d) any other order convenient to the manner in which the opinion evidence is received.