Northern Territory Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT RULES 1987 - REG 44.03

Service of statement of expert evidence

    (1)     A party who intends at a trial to adduce the evidence of a person as an expert witness shall:

        (a)     not later than the time fixed by a Judge, an Associate Judge or a Registrar at a listing hearing or directions hearing held under Order 48; or

        (b)     where no such time is fixed:

            (i)     6 weeks before the day fixed for the trial; or

            (ii)     before a directions hearing under rule 48.34 to ensure that a proceeding is ready to proceed to trial,

whichever is the earlier,

serve on every other party a statement in accordance with subrule (2).

    (2)     The statement shall:

        (a)     give the name and address of the witness;

        (b)     describe the witness' qualifications to give evidence as an expert; and

        (c)     be a statement of such of the evidence as it is proposed to adduce from the witness as an expert.

    (2A)     In a proceeding in which the plaintiff claims damages in respect of death resulting from medical or the like treatment or advice given in respect of a physical or mental condition of the deceased, then, unless the Court otherwise orders, a party who is required to serve a statement under subrule (1) may exclude from the statement:

        (a)     any expression of opinion on the question of liability; and

        (b)     any statement in respect of a fact on which the opinion is based and which relates only to the question of liability.

    (3)     Except with the leave of the Court or by consent of the parties, a party shall not, except in cross-examination, adduce at the trial of a proceeding evidence from a witness as an expert unless the evidence of the witness is contained in a statement served under this Order by the party.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback