UCPR r31.23(3) does not require 'exceptional circumstances' for the court to 'otherwise order' admission of expert reports lacking the Code of Conduct acknowledgment; that requirement applies only under r31.28(4). A party that participates in joint expert conferences without reserving its objection to non-compliance with the Code of Conduct will be taken to have waived that objection. Where pre-trial directions have been made and expert evidence served, a party cannot take a technical objection to the opponent's evidence at the commencement of trial.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
3 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.