Expert Evidence

Question 1

Is opinion evidence admissible in civil trials?

Answer 1

The general rule is no, it is inadmissible.

Question 2

Does a party need permission to rely on expert evidence at trial?

Answer 2

Yes, they do.

Question 3

What form will the expert evidence take place in?

Answer 3

A written report unless stated otherwise

Question 4

What happens if a party has questions for an expert?

Answer 4

• may only be put forward once
• must be within 28 days of service of the report
• must only be for clarification

Question 5

What happens if the witness you intend to call to give evidence at trial is unavailable?

Answer 5

You must serve a notice of your intention to rely on their witness statement as hearsay.

Question 6

What is amplification?

Answer 6

The court allowing a witness give further evidence outside of their witness statement.

The court may allow this if they are satisfied there is good reason to do so.

Question 7

Do you need the court’s permission for amplification?

Answer 7

Yes

Question 8

What happens if an expert doesn’t answer questions put to him by a party?

Answer 8

That party may not rely on the evidence of that expert.

They may also not be able to recover the fees and expenses of that expert from any other party.