Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 7 August 2020 at 19:49)
Part 31 Division 2 Subdivision 4
Subdivision 4 Parties’ single experts
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.
31.38   Instructions to parties’ single expert
(1)  The parties affected must endeavour to agree on written instructions to be provided to the parties’ single expert concerning the issues arising for the expert’s opinion and concerning the facts, and assumptions of fact, on which the report is to be based.
(2)  If the parties affected cannot so agree, they must seek directions from the court.
31.39   Parties’ single expert may apply to court for directions
(1)  The parties’ single expert may apply to the court for directions to assist the expert in the performance of the expert’s functions in any respect.
(2)  Any such application must be made by sending a written request for directions to the court, specifying the matter in relation to which directions are sought.
(3)  A parties’ single expert who makes such an application must send a copy of the request to the parties affected.
31.40   Parties’ single expert’s report to be sent to parties
(1)  The parties’ single expert must send a signed copy of his or her report to each of the parties affected.
(2)  Each copy must be sent on the same day and must be endorsed with the date on which it is sent.
31.41   Parties may seek clarification of report
(1)  Within 14 days after the parties’ single expert’s report is sent to the parties affected, and before the report is tendered in evidence, a party affected may, by notice in writing sent to the expert, seek clarification of any aspect of the report.
(2)  Unless the court orders otherwise, a party affected may send no more than one such notice.
(3)  Unless the court orders otherwise, the notice must be in the form of questions, no more than 10 in number.
(4)  The party sending the notice must, on the same day as it is sent to the parties’ single expert, send a copy of it to each of the other parties affected.
(5)  Each notice sent under this rule must be endorsed with the date on which it is sent.
(6)  Within 28 days after the notice is sent, the parties’ single expert must send a signed copy of his or her response to the notice to each of the parties affected.
31.42   Tender of reports and of answers to questions
(1)  Subject to rule 31.23(3) and unless the court orders otherwise, the parties’ single expert’s report may be tendered in evidence by any of the parties affected.
(2)  Unless the court orders otherwise, any or all of the parties’ single expert’s answers in response to a request for clarification under rule 31.41 may be tendered in evidence by any of the parties affected.
31.43   Cross-examination of parties’ single expert
Any party affected may cross-examine a parties’ single expert, and the expert must attend court for examination or cross-examination if so requested on reasonable notice by a party affected.
31.44   Prohibition of other expert evidence
Except by leave of the court, a party to proceedings may not adduce evidence of any other expert on any issue arising in proceedings if a parties’ single expert has been engaged under this Division in relation to that issue.
31.45   Remuneration of parties’ single expert
(1)  The remuneration of a parties’ single expert is to be fixed by agreement between the parties affected and the expert or, failing agreement, by, or in accordance with the directions of, the court.
(2)  Subject to subrule (3), the parties affected are jointly and severally liable to a parties’ single expert for his or her remuneration.
(3)  The court may direct when and by whom a parties’ single expert is to be paid.
(4)  Subrules (2) and (3) do not affect the powers of the court as to costs.