Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 516

Service of statement of expert evidence
(1)  A party that intends to present the evidence of an expert at a trial is to serve on each other party –
(a) a report containing the evidence; and
(b) a statement signed by the expert containing an acknowledgement by the expert that he or she –
(i) has read and understood the Expert Witness Code of Conduct; and
(ii) has complied with, and will continue to comply with, the Expert Witness Code of Conduct; and
(iii) will comply with any order made under subrule (4) .
(2)  The report and signed statement are to be served, jointly –
(a) on or before the date fixed by order of a judge, being a date before the trial; or
(b) if no such date is so fixed, within a reasonable time before the commencement of the trial.
(3)  Where –
(a) a party to a proceeding receives a report from an expert witness containing a change of opinion on a material matter ( revised report ); and
(b) the revised report relates to a report and signed statement that the party has served under subrule (2) in the same proceeding –
the party (or the party's legal representative) is to serve the revised report on each other party to the proceeding as soon as practicable.
(4)  If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, the Court or a judge may, either on or without application, make one or more of the following orders:
(a) that all factual evidence relevant to the opinion of any expert be adduced before the expert is called to give evidence;
(b) that on the completion of the factual evidence pursuant to any order made under paragraph (a) , each expert provide a supplementary report –
(i) stating whether the expert adheres to his or her previously expressed opinion or holds a different opinion; and
(ii) further stating, if applicable, the different opinion and the factual evidence on which it is based;
(c) that each expert give an opinion about the opinion of any other expert;
(d) any other order convenient to the manner in which the opinion evidence is received.



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