Commonwealth Consolidated Regulations

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Expert witness's right to seek orders

             (1)  Before final orders are made, a single expert witness may, by written request to the court, seek a procedural order to assist in carrying out the expert witness's function.

Note:          The written request may be by letter and may, for example:

(a)    ask for clarification of instructions;

(b)    relate to the questions mentioned in Division 15.5.6; or

(c)    relate to a dispute about fees.

             (2)  The request must:

                     (a)  comply with subrule 24.01(1); and

                     (b)  set out the procedural orders sought and the reason the orders are sought.

             (3)  The expert witness must serve a copy of the request on each party and satisfy the court that the copy has been served.

             (4)  The court may determine the request in chambers unless:

                     (a)  within 7 days of being served with the request, a party makes a written objection to the request being determined in chambers; or

                     (b)  the court decides that an oral hearing is necessary.

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