Attendance of expert
24.07 Attendance of expert
(1) A party served with a statement or report from an expert may serve a notice on the party who intends to rely on the statement or report that the party served requires the attendance of the expert for cross-examination at the hearing of the proceedings.
(2) A notice requiring the attendance of an expert for cross-examination is to be served not later than 14 days before the commencement of the hearing.
(3) The party who served the statement or report must cause the expert to attend the hearing unless the Court orders otherwise.
(4) If the expert in respect of whom a notice is served under subrule (2) fails to attend for cross-examination, the Court may order that his or her statement or report is not to be received in evidence.
Where:
an expert's statement or report is received in evidence; and
the expert fails to attend for cross-examination,
a party may not, without the leave of the Court on just terms, lead evidence to contradict the evidence of the expert.
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