UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.30
Admissibility of expert's report in District Court and Local Courts
31.30 Admissibility of expert's report in District Court and Local Courts
(cf DCR Part 28, rule 9; LCR Part 23, rule 2)
(1) This rule applies to proceedings in the District Court or a Local Court.
(2) 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.
(3) Unless the court orders otherwise:
(a) it is the responsibility of the party requiring the attendance for cross-examination of the expert by whom an expert's report has been prepared to procure that attendance, and
(b) the party requiring the expert's attendance must notify the expert at least 28 days before the date on which attendance is required.
(4) Except for the purpose of determining any liability for conduct money or witness expenses, an expert does not become the witness for the party requiring his or her attendance merely because his or her attendance at court has been procured by that party.
(5) A party who requires the attendance of a person as referred to in subrule (2):
(a) must inform all other parties to the proceedings that the party has done so at least 28 days before the date fixed for hearing, and
(b) must pay to the person whose attendance is required (whether before or after the attendance) an amount sufficient to meet the person's reasonable expenses (including any standby fees) in complying with the requirement.
(6) If the attendance of an expert 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.
(7) The party using an expert's report may re-examine an expert who attends for cross-examination under a requirement under subrule (2).
(8) This rule does not apply to proceedings on a trial with a jury.
Previous Code;
EXPERT WITNESS CODE OF CONDUCT
(Part 28, rule 9C and Part 28A, rule 2)
Application of code 1. This code of conduct applies to any expert engaged to:
a) provide a report as to his or her opinion for use as evidence in proceedings or proposed proceedings, or b) give opinion evidence in proceedings or proposed proceedings, or c) inquire into and report on a question under Part 28A as the Court appointed expert.
General duty to the Court
2. An expert witness has an overriding duty to assist the Court impartially on matters relevant to the expert's area of expertise. 3. An expert witness's paramount duty is to the Court and not to the person retaining the expert. 4. An expert witness is not an advocate for a party.
The form of expert reports
5. A report by an expert witness must (in the body of the report or in an annexure) specify:
a) the person's qualifications as an expert, b) and the facts, matters and assumptions on which the opinions in the report are based (a letter of instructions may be annexed), and c) reasons for each opinion expressed, and d) if applicable-that a particular question or issue falls outside his or her field of expertise, and e) any literature or other materials utilised in support of the opinions, and f) any examinations, tests or other investigations on which he or she has relied and identify, and give details of the qualifications of, the person who carried them out.
6. If an expert witness who prepares a report believes that it may be incomplete or inaccurate without some qualification, that qualification must be stated in the report.
7. If an expert witness considers that his or her opinion is not a concluded opinion because of insufficient research or insufficient data or for any other reason, this must be stated when the opinion is expressed.
8. An expert witness who, after communicating an opinion to the party engaging him or her (or that party's legal representative), changes his or her opinion on a material matter must forthwith provide the engaging party (or that party's legal representative) with a supplementary report to that effect which must contain such of the information referred to in paragraph 5 (b), (c), (d), (e) and (f) as is appropriate.
9. Where an expert witness is appointed by the Court, the preceding paragraph applies as if the Court were the engaging party.
Experts' conference
10. An expert witness must abide by any direction of the Court to:
(a) confer with any other expert witness, and
(b) endeavour to reach agreement on material matters for expert opinion, and
(c) provide the Court with a joint report specifying matters agreed and matters not agreed and the reasons for any non agreement.
11. An expert witness must exercise his or her independent, professional judgment in relation to such a conference and joint report, and must not act on any instruction or request to withhold or avoid agreement.
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