SCR o 44 - Expert Evidence Flashcards
44.03 Expert reports
A party who intends to adduce the evidence of an expert at trial shall, as soon as practicable after engaging the expert (and before the expert makes a report under this Rule) PROVIDE the expert with a copy of the EXPERT WITNESS CODE OF CONDUCT (Form 44A).
To adduce expert evidence at trial, an expert report must:
- COMPLY with clause 3 of the code;
- be SIGNED by the expert;
- be SERVED on each other party no later than 30 DAYS BEFORE the day fixed for trial,
- DELIVER A COPY for the use of the Court.
Same with any supplemental report.
44.04 Other party’s report as evidence
A party may put in evidence a report served on that party by another party under this Order.
44.05 No evidence unless disclosed in report
A party shall not, except in XXN, adduce any evidence from an expert at trial UNLESS the substance of that evidence is contained within the report/s which the party has served (except with leave or by consent of the parties affected).
44.06 Conference between experts
The Court may direct expert witnesses—
- to CONFER;
- specify ON WHICH MATTERS to confer; and
- to provide the Court with a JOINT REPORT specifying matters agreed, matters not agreed, and the reasons for their not agreeing.
The Court may direct the legal representatives to attend or not attend, or make attendance conditional on client’s consent.
NO EVIDENCE shall be admitted of anything said or done at the CONFERENCE, except as the parties affected agree in writing.
