Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 15.08

Expert evidence for 2 or more parties
(1)
This rule applies if 2 or more parties to a proceeding call expert witnesses to give opinion evidence about the same, or a similar, question.

(2) The Court may give any direction that it thinks fit in relation to:

(a)
the preparation by the expert witnesses (in conference or otherwise) of a joint statement of how their opinions on the question agree and differ; or

(b) the giving by an expert witness of an oral or written statement of:

(i)
his or her opinion on the question; or
(ii)
his or her opinion on the opinion of another expert on the question; or
(iii)
whether in the light of factual evidence led at trial, he or she adheres to, or wishes to modify, any opinion earlier given; or
(c)
the order in which the expert witnesses are to be sworn, are to give evidence, are to be cross-examined or are to be re-examined; or

(d)
the position of witnesses in the courtroom (not necessarily in the witness box).

Example
The Court may direct that the expert witnesses be sworn one immediately after another, and that they give evidence after all or certain factual evidence has been led, or after each party's case is closed (subject only to hearing the evidence of expert witnesses) in relation to the question.



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