Court Procedures Rules 2006

The court may, on its own initiative or on a party’s application, give 1 or more of the following directions:

a direction that the expert witnesses meet—

to identify the matters on which they agree; and

to identify the matters on which they disagree and the reasons why; and

to try to resolve any disagreement;

a direction that the expert witnesses produce for the court’s use a document identifying—

the matters on which they agree; and

the matters on which they disagree; and

the reasons for any failure to reach agreement on any matter;

a direction that—

the expert witnesses give evidence at the trial after all or certain factual evidence relevant to an issue has been given; and

each party intending to call 1 or more expert witnesses close the party’s case in relation to an issue, subject only to presenting the evidence of the expert witnesses later in the trial;

a direction that, after all or certain factual evidence has been given, a party who called an expert witness file and serve on each other active party an affidavit or statement by the expert witness stating—

whether the expert witness adheres to any opinion given earlier; or

whether, in light of factual evidence given at the trial, the expert witness wishes to modify any opinion given earlier;

a direction that—

each expert witness be sworn one immediately after another; and

when giving evidence, an expert witness occupy a position in the courtroom (not necessarily in the witness box) that is appropriate to the giving of evidence;

a direction that each expert witness give an oral explanation of his or her opinion, or opinions, on a question;

a direction that each expert witness give his or her opinion about the opinion, or opinions, given by another expert witness;

a direction that the expert witnesses be cross-examined, or re‑examined, in a certain way or sequence, including, for example, by putting to each expert witness, in turn, each question relevant to one subject or issue at a time, until the cross-examination, or re-examination, of all the witnesses is finished;

a direction that any expert witness giving evidence in accordance with a direction under paragraph (e) be allowed to ask questions of any other expert witness who is also giving evidence in accordance with a direction under that paragraph;

any other directions about giving evidence in accordance with a direction under paragraph (e) that the court considers appropriate.

Pt 6.2 (Applications in proceedings) applies to an application for a direction or leave under this rule.

This rule does not limit the directions that the court may give on its own initiative or on a party’s application.

If the court directs expert witnesses to meet under subrule (1) (a), it may—

set the agenda; and

state the matters the expert witnesses must discuss; and

direct whether or not legal representatives may be present; and

give directions about the form of any report to be produced to give effect to a direction under subrule (1) (b); and

give any other directions it considers appropriate.

If expert witnesses have met and produced a document identifying the matters on which they agree, a party affected must not adduce expert evidence inconsistent with a matter agreed unless the court gives leave for the evidence to be adduced.