District Court Rules 2005

This rule applies to expert medical evidence in personal injury cases.

Nothing in this rule requires evidence to be disclosed to a defendant who has not entered an appearance.

A direction given under this rule may apply to only a part of a medical report or expert medical evidence.

Unless the Court directs otherwise, a party must serve on the other parties, in accordance with this rule, a copy of each medical report the substance of which the party intends to rely on at the trial.

Each copy referred to in subrule (4) must be served —

if the medical report is in existence before the case is entered for trial —

if the report will be relied on by the party entering the case for trial — before the case is entered for trial; or

if the report will be relied on by another party — before the time for applying under rule 38B for an order countermanding the entry for trial expires, or any later time that may be fixed by an order made on any such application;

if the medical report comes into existence after the case is entered for trial — as soon as practicable thereafter.

If a party applies for a direction under subrule (4) —

an affidavit supporting the application is not required; and

the Court may inspect the medical report the subject of the application without disclosing its contents to any other party.

If the Court gives a direction under subrule (4), it may direct that, in lieu of serving a copy of any medical report, the substance of all or any expert medical evidence that a party intends to rely on at the trial be disclosed in writing to such other parties and within such period as the Court specifies.

Except with the Court’s leave, or pursuant to a direction of the Court, or where all other parties agree, expert medical evidence cannot be adduced at a trial unless —

a copy of a medical report containing the substance of the evidence has been served in accordance with subrules (4) and (5); or

the substance of that evidence has been disclosed in writing to all other parties within the time limited by a direction given under subrule (7) or, if no such direction has been given, a reasonable time before the trial; or

the Court has permitted the evidence to be given by affidavit.

Without limiting the Court’s powers under this rule, the Court may give a direction under subrule (4) or (7) or give leave under subrule (8) if a medical report contains —

statements by the party against whose interest the evidence is to be led; or

hearsay evidence as to the manner in which a personal injury was sustained; or

other evidence that would not be admissible at the trial.