District Court Rules 2005

In this rule —

This rule applies if under rule 40(5)(a) the presiding officer orders the parties to attend a listing conference.

A party must file and serve an index of the reports of any expert witness that the party intends to tender as evidence at trial and must do so —

at least 14 days before the day of the listing conference, if the party is the plaintiff; and

at least 7 days before the day of the listing conference, in the case of any other party.

If a party has filed an index under subrule (3) and —

the party receives a written notification from an expert witness that the witness has changed his or her view expressed in a report included in the index; or

the party has changed his or her intention as to any report of an expert witness from that set out in the index,

in the case of a change of view, within 7 days of receiving the notification; or

in the case of a change of intention, immediately after the change of intention and in any event at least 14 days before the commencement of the trial.

If a party has filed an index under subrule (3) and subsequently obtains a further report of any expert witness that the party intends to tender as evidence at trial, the party must, at least 2 months before the commencement of the trial, file and serve an amended index of the reports of any expert witness that the party intends to tender as evidence at trial.

At any time before the 21 day period preceding the trial date, a party served with an index (A) may serve the party who served the index (B) with a notice requiring information as to the qualifications and experience of an expert witness whose report is listed in the index.

On A serving B with a notice, B must provide the information within 7 days.

Except with the leave of the Court, a party cannot tender the report of an expert witness as evidence unless the party has complied with this rule in relation to that report.