- (1)
- A single expert witness may, by written request to the court, seek a
procedural order to assist in carrying out the expert witness's function.
Note
The written request may be by letter and may, for example:
(a) ask for
clarification of instructions;
(b) relate to the questions mentioned in
Division 15.5.6; or
(c) relate to a dispute about fees.
(2) The request must:
- (a)
- comply with subrule 24.01 (1); and
- (b)
- set out the procedural orders sought and the reason the orders are sought.
- (3)
- The expert witness must serve a copy of the request on each party and
satisfy the court that the copy has been served.
- (4)
- The court may determine the request in chambers unless:
- (a)
- within 7
days of being served with the request, a party makes a written objection to
the request being determined in chambers; or
- (b)
- the court decides that an oral hearing is necessary.