UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.34 Supplementary reports by expert witness

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.34

31.34 Supplementary reports by expert witness

(cf SCR Part 36, rule 13C; DCR Part 28, rule 9C; LCR Part 23, rule 1D)

(1) If an expert witness provides a supplementary report to the party by whom he or she has been engaged, neither the engaging party nor any other party having the same interest as the engaging party may use--

(a) the supplementary report, or

(b) any earlier report affected by the supplementary report,

unless all of those reports have been served on all parties affected.

(2) For the purposes of this rule,
"supplementary report" , in relation to an earlier report provided by an expert witness, includes any report by the expert witness that indicates that he or she has changed his or her opinion on a material matter expressed in the earlier report.

(3) This rule does not apply to a report prepared by a court-appointed expert.