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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.29 Admissibility of expert's report

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.29

Admissibility of expert's report

31.29 Admissibility of expert's report

(cf SCR Part 36, rule 13B)

(1) If an expert's report is served in accordance with rule 31.28 or in accordance with an order of the court, the report is admissible--
(a) as evidence of the expert's opinion, and
(b) if the expert's direct oral evidence of a fact on which the opinion was based would be admissible, as evidence of that fact,
without further evidence, oral or otherwise.
(2) Unless the court otherwise orders, a party may require the attendance for cross-examination of the expert by whom the report was prepared by notice served on the party by whom the report was served.
(3) Unless the court otherwise orders, such a requirement may not be made later than--
(a) in the case of proceedings for which the court has fixed a date for trial, 35 days before the date so fixed, or
(b) in any other case, 7 days before the date on which the court fixes a date for trial.
(4) The parties may not by consent abridge the time fixed by or under subrule (3).
(5) If the expert's attendance for cross-examination is required under subrule (2), the report may not be tendered under section 63, 64 or 69 of the Evidence Act 1995 or otherwise used unless the expert attends or is dead or the court grants leave to use it.
(6) The party using the report may re-examine the expert if the expert attends for cross-examination pursuant to a requirement under subrule (2).
(7) This rule does not apply to proceedings in the District Court or the Local Court or to proceedings on a trial with a jury.