Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 50

Expert evidence

50. Expert evidence



(1) If the accused intends to call a person as an expert witness at the
hearing of the charge, the accused must serve on the informant in accordance
with section 340 and file in court a copy of the statement of the expert
witness in accordance with subsection (2)-

   (a)  at least 7 days before the day on which the contest mention hearing is
        to be held; or

   (b)  if there is no contest mention hearing, at least 7 days before the
        summary hearing; or

   (c)  if the statement is not then in existence, as soon as possible after
        it comes into existence.

(2) The statement must-

   (a)  contain the name and business address of the witness; and

   (b)  describe the qualifications of the witness to give evidence as an
        expert; and

   (c)  set out the substance of the evidence it is proposed to adduce from
        the witness as an expert, including the opinion of the witness and the
        acts, facts, matters and circumstances on which the opinion is formed.

Note Section 177 of the Evidence Act 2008 provides for certificates of expert
evidence.