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r 33.08

Service of reports by defendant

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Part 2Offers of compromise

33.08 Service of reports by defendant

(1)

A defendant must serve on each other party who has an address for service in the proceeding any hospital report or medical report (other than a hospital report or medical report served on or supplied to the defendant by another party)—

(a)

which the defendant intends to tender or the substance of which the defendant intends to adduce in evidence; or

(b)

which otherwise the defendant intends to use at the hearing.

(2)

Paragraph (1) does not require the defendant to serve on the plaintiff a medical report served on the plaintiff under Rule 33.06, but the defendant must by notice to the plaintiff in writing identify any medical report so served—

(a)

which the defendant intends to tender or the substance of which the defendant intends to adduce in evidence; or

(b)

which otherwise the defendant intends to use at the hearing.

(3)

The defendant must serve the hospital report or medical report and give any notice under paragraph (2)—

(a)

14 days before the date fixed for a pre‑hearing conference, mediation or hearing (whichever occurs first); and

(b)

in the case of a hospital report or medical report made to or obtained by or for the defendant after the time referred to in subparagraph (a), without delay—

or at such other time as the Court directs.

(4)

In this Rule defendant includes a third or subsequent party.

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