Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 8 August 2020 at 22:30)
Part 31 Division 2 Subdivision 5
Subdivision 5 Court-appointed experts
31.46   Selection and appointment
(cf SCR Part 39, rule 1; DCR Part 28A, rule 1; LCR Part 38B, rule 1)
(1)  If an issue for an expert arises in any proceedings the court may, at any stage of the proceedings—
(a)  appoint an expert to inquire into and report on the issue, and
(b)  authorise the expert to inquire into and report on any facts relevant to the inquiry, and
(c)  direct the expert to make a further or supplemental report or inquiry and report, and
(d)  give such instructions (including instructions concerning any examination, inspection, experiment or test) as the court thinks fit relating to any inquiry or report of the expert or give directions concerning the giving of such instructions.
(2)  The court may appoint as a court-appointed expert a person selected by the parties affected, a person selected by the court or a person selected in a manner directed by the court.
(3)  A person must not be appointed as a court-appointed expert unless he or she consents to the appointment.
(4)  If any party affected knows that a person is under consideration for appointment as a court-appointed expert—
(a)  the party affected must not, prior to the appointment, 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 court as to the substance of those communications.
31.47   Instructions to court-appointed expert
The court may give directions as to—
(a)  the issues to be dealt with in a report by a court-appointed expert, and
(b)  the facts, and assumptions of fact, on which the report is to be based,
including a direction that the parties affected must endeavour to agree on the instructions to be provided to the expert.
31.48   Court-appointed expert may apply to court for directions
(1)  A court-appointed 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 court-appointed expert who makes such an application must send a copy of the request to the parties affected.
31.49   Court-appointed expert’s report to be sent to registrar
(cf SCR Part 39, rule 3; DCR Part 28A, rule 3; LCR Part 38B, rule 3)
(1)  The court-appointed expert must send his or her report to the registrar, and a copy of the report to each party affected.
(2)  Subject to rule 31.23(3) and unless the court orders otherwise, a report that has been received by the registrar is taken to be in evidence in any hearing concerning a matter to which it relates.
(3)  A court-appointed expert who, after sending a report to the registrar, changes his or her opinion on a material matter must forthwith provide the registrar with a supplementary report to that effect.
31.50   Parties may seek clarification of court-appointed expert’s report
Any party affected may apply to the court for leave to seek clarification of any aspect of the court-appointed expert’s report.
31.51   Cross-examination of court-appointed expert
(cf SCR Part 39, rule 4; DCR Part 28A, rule 4; LCR Part 38B, rule 4)
Any party affected may cross-examine a court-appointed expert, and the expert must attend court for examination or cross-examination if so requested on reasonable notice by a party affected.
31.52   Prohibition of other expert evidence
(cf SCR Part 39, rule 6; DCR Part 28A, rule 6; LCR Part 38B, rule 6)
Except by leave of the court, a party to proceedings may not adduce evidence of any expert on any issue arising in proceedings if a court-appointed expert has been appointed under this Division in relation to that issue.
31.53   Remuneration of court-appointed expert
(cf SCR Part 39, rule 5; DCR Part 28A, rule 5; LCR Part 38B, rule 5)
(1)  The remuneration of a court-appointed 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 court-appointed witness for his or her remuneration.
(3)  The court may direct when and by whom a court-appointed expert is to be paid.
(4)  Subrules (2) and (3) do not affect the powers of the court as to costs.
31.54   Assistance to court by other persons
(cf SCR Part 39, rule 7; DCR Part 28A, rule 7; LCR Part 38B, rule 7)
(1)  In any proceedings, the court may obtain the assistance of any person specially qualified to advise on any matter arising in the proceedings and may act on the adviser’s opinion.
(2)  Rule 31.53 applies to and in respect of a person referred to in subrule (1) in the same way as it applies to and in respect of a court-appointed witness.
(3)  This rule does not apply to proceedings in the Admiralty List of the Supreme Court or to proceedings that are tried before a jury.