Commonwealth Consolidated Regulations

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Evidence of experts

                   If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, any of those parties may apply to the Court for one or more of the following orders:

                     (a)  that the experts confer, either before or after writing their expert reports;

                     (b)  that the experts produce to the Court a document identifying where the expert opinions agree or differ;

                     (c)  that the expert's evidence in chief be limited to the contents of the expert's expert report;

                     (d)  that all factual evidence relevant to any expert's opinions be adduced before the expert is called to give evidence;

                     (e)  that on the completion of the factual evidence mentioned in paragraph (d), each expert swear an affidavit stating:

                              (i)  whether the expert adheres to the previously expressed opinion; or

                             (ii)  if the expert holds a different opinion;

                                        (A)  the opinion; and

                                        (B)  the factual evidence on which the opinion is based.

                      (f)  that the experts give evidence one after another;

                     (g)  that each expert be sworn at the same time and that the cross-examination and re-examination be conducted by putting to each expert in turn each question relevant to one subject or issue at a time, until the cross-examination or re-examination is completed;

                     (h)  that each expert gives an opinion about the other expert's opinion;

                      (i)  that the experts be cross-examined and re-examined in any particular manner or sequence.

Note 1:       For the directions a Court may make before trial about expert reports and expert evidence, see rule 5.04 (items 14 to 19).

Note 2:       The Court may dispense with compliance with the Rules and may make orders inconsistent with the Rules--see rules 1.34 and 1.35.

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