Evidence of experts
23.15 Evidence of experts
If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, any of those parties may apply to the Court for one or more of the following orders:
that the experts confer, either before or after writing their expert reports;
that the experts produce to the Court a document identifying where the expert opinions agree or differ;
that the expert’s evidence in chief be limited to the contents of the expert’s expert report;
that all factual evidence relevant to any expert’s opinions be adduced before the expert is called to give evidence;
that on the completion of the factual evidence mentioned in paragraph (d), each expert swear an affidavit stating:
whether the expert adheres to the previously expressed opinion; or
if the expert holds a different opinion;
the opinion; and
the factual evidence on which the opinion is based.
that the experts give evidence one after another;
that each expert be sworn at the same time and that the cross‑examination and re‑examination be conducted by putting to each expert in turn each question relevant to one subject or issue at a time, until the cross‑examination or re‑examination is completed;
that each expert gives an opinion about the other expert’s opinion;
that the experts be cross‑examined and re‑examined in any particular manner or sequence.
For the directions a Court may make before trial about expert reports and expert evidence, see rule 5.04 (items 14 to 19).
The Court may dispense with compliance with the Rules and may make orders inconsistent with the Rules—see rules 1.34 and 1.35.
Rules 23.16–23.20 left blank
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