Supreme Court Rules 2000

A party that intends to present the evidence of an expert at a trial is to serve on each other party – a report containing the evidence; and a statement signed by the expert containing an acknowledgement by the expert that he or she – has read and understood the Expert Witness Code of Conduct; and has complied with, and will continue to comply with, the Expert Witness Code of Conduct; and will comply with any order made under subrule (4).

The report and signed statement are to be served, jointly – on or before the date fixed by order of a judge, being a date before the trial; or if no such date is so fixed, within a reasonable time before the commencement of the trial.

Where – a party to a proceeding receives a report from an expert witness containing a change of opinion on a material matter (revised report); and the revised report relates to a report and signed statement that the party has served under subrule (2) in the same proceeding – the party (or the party's legal representative) is to serve the revised report on each other party to the proceeding as soon as practicable.

If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, the Court or a judge may, either on or without application, make one or more of the following orders:that all factual evidence relevant to the opinion of any expert be adduced before the expert is called to give evidence; that on the completion of the factual evidence pursuant to any order made under paragraph (a), each expert provide a supplementary report – stating whether the expert adheres to his or her previously expressed opinion or holds a different opinion; and further stating, if applicable, the different opinion and the factual evidence on which it is based; that each expert give an opinion about the opinion of any other expert; any other order convenient to the manner in which the opinion evidence is received.