District Court Rules 2005

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

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

Expert evidence cannot be adduced at a trial except with the leave of the Court unless —

the party seeking to adduce the evidence has, before the time that applies under subrule (4), applied to the Court to determine whether a direction should be given under this rule and has complied with any direction given on the application; or

all parties consent to it being adduced; or

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

For the purposes of subrule (3)(a), the time is —

in the case of the party who entered the case for trial — when the case is entered for trial; and

in the case of any other party — when 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 order made on such an application.

On an application made under this rule, the Court may direct —

that a copy of an expert witness’s report, the substance of which a party intends to rely on at the trial, be served on such other parties and within such period as the Court may specify; or

the substance of all or any expert evidence that a party intends to adduce at the trial be disclosed in writing to such other parties and within such period as the Court may specify.

The author of a report containing expert evidence must certify in the report to having read and complied with the practice direction made by the Court for the purposes of this subrule.

If a report has not been certified as required by subrule (6), it is not admissible at trial, except with the Court’s leave.