31.37 Selection and engagement
(1) If an issue for an expert arises in any proceedings, the court
may, at any stage of the proceedings, order that an expert be engaged jointly
by the parties affected.
(2) A parties’ single expert is to be selected by agreement
between the parties affected or, failing agreement, by, or in accordance with
the directions of, the court.
(3) A person may not be engaged as a parties’ single expert
unless he or she consents to the engagement.
(4) If any party affected knows that a person is under consideration
for engagement as a parties’ single expert:
(a) the party affected must not, prior to the engagement, communicate
with the person for the purpose of eliciting the person’s opinion as to
the issue or issues concerned, and
(b) if the party affected has previously communicated with the person
for that purpose, he or she must notify the other parties affected as to the
substance of those communications.