This Rule does not apply in the case of the trial of a proceeding before a Judge with a jury.
(2)
A medical report which was served under this Order is admissible as evidence of the opinion of the medical expert who gave the report and, where the medical expert's oral evidence of a fact upon which the opinion was based would be admissible, as evidence of that fact.
(3)
Subject to paragraphs (4) and (5), a medical report may be used in evidence—
(a)
by the party who served the report; or
(b)
by any party on whom it was served.
(4)
If a medical report is tendered by the party who served the report—
(a)
that party shall cause the medical expert who gave the report to attend at the trial of the proceeding to be cross-examined if notice that such attendance is required is served on the party by any other party not later than five days before the commencement of the trial; and
(b)
if the medical expert does not attend for cross-examination, the Court may order that the medical report be not received in evidence.
(5)
If a medical report is tendered by a party on whom the report was served—
(a)
that party shall cause the medical expert who gave the report to attend at the trial of the proceeding to be cross-examined, and if the medical expert does not attend the Court may order that the medical report be not received in evidence;
(b)
if the report is received in evidence and the medical expert is cross-examined by any party against whom the report is received, at the conclusion of the cross-examination the party who tendered the report may examine the expert as if by re-examination.
