(1)

A party may seek permission to tender a report or adduce evidence from an expert witness by filing an Application in a Case (Form 2).

Note 1
A party who files a Form 2 must, at the same time, file an affidavit stating the facts relied on in support of the orders sought (see subrule 5.02 (1)).
Note 2
The court may allow a party to make an oral application (see paragraph (h) in item 3 of Table 11.1 in rule 11.01).

(2)

The affidavit filed with the application must state:

(a)

whether the party has attempted to agree on the appointment of a single expert witness with the other party and, if not, why not;

(b)

the name of the expert witness;

(c)

the issue about which the expert witness's evidence is to be given;

(d)

the reason the expert evidence is necessary in relation to that issue;

(e)

the field in which the expert witness is expert;

(f)

the expert witness's training, study or experience that qualifies the expert witness as having specialised knowledge on the issue; and

(g)

whether there is any previous connection between the expert witness and the party.

(3)

When considering whether to permit a party to tender a report or adduce evidence from an expert witness, the court may take into account:

(a)

the purpose of this Part (see rule 15.42);

(b)

the impact of the appointment of an expert witness on the costs of the case;

(c)

the likelihood of the appointment expediting or delaying the case;

(d)

the complexity of the issues in the case;

(e)

whether the evidence should be given by a single expert witness rather than an expert witness appointed by one party only; and

(f)

whether the expert witness has specialised knowledge, based on the person's training, study or experience:

(i)

relevant to the issue on which evidence is to be given; and

(ii)

appropriate to the value, complexity and importance of the case.

(4)

If the court grants a party permission to tender a report or adduce evidence from an expert witness, the permission is limited to the expert witness named, and the field of expertise stated, in the order.

Note
Despite an order under this rule, a party is not entitle to adduce evidence from an expert witness if the expert's report has not been disclosed or a copy has not been given to the other party (see rule 15.58).