Victorian Current Acts

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Expert evidence

S. 189(1) amended by No. 68/2009 s. 51(zl).

    (1)         If the accused intends to call a person as an expert witness at the trial, the accused must serve on the prosecution in accordance with section 392 and file in court a copy of the statement of the expert witness in accordance with subsection (2)—

        (a)     at least 14 days before the day on which the trial of the accused is listed to commence; or

        (b)     if the statement is not then in existence, as soon as possible after it comes into existence.

    (2)     The statement must—

        (a)     contain the name and business address of the witness;

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

        (c)     set out the substance of the evidence it is proposed to adduce from the witness as an expert, including the opinion of the witness and the acts, facts, matters and circumstances on which the opinion is formed.


Section 177 of the Evidence Act 2008 provides for certificates of expert evidence.

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