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r 44.02

Application of Order

In force
Part 2Offers of compromise

44.02 Application of Order

(1)

This Order does not apply to the following—

(a)

the evidence of a party who would, if called as a witness at the hearing of a proceeding, be qualified to give evidence as an expert in respect of any question in the proceeding;

Rule 44.02 (1)(b) amended by S.R. No. 68/2023 rule 4.

(b)

except as provided by Rule 44.03(2), any itemised quotation or assessment attached to a complaint under Rule 5.05(2) or (3);

(c)

an arbitration of a complaint, where the complaint has been referred to arbitration by the Court under section 102 of the Act.

(2)

With respect to the opinion of a registered medical practitioner, in a proceeding for medical negligence in which the plaintiff claims damages for or in respect of bodily injury this Order applies to an opinion on the liability of the defendant but does not otherwise apply to a medical report to which Order 33 applies.

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