(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.