Examination of Expert Witness Before Trial

PREPARATION FOR TRIAL
RULE 52
EXPERT WITNESS
52.01 Condition Precedent to Calling Expert
Witness at Trial
(1) Where a party intends to call an expert witness
at trial, he shall serve on every other party a copy of the
expert’s signed report which shall contain, or be accompanied
by, a statement containing the expert’s name, address
and qualifications and the substance of his proposed
testimony. Service shall be made as soon as
practicable and no later than the Motions Day at which
the trial date is fixed.

(2) Where a party intends to call an expert witness
at trial but cannot obtain from him a report, or where, because
of the nature of the proposed evidence, the expert
is not required by the party to submit a written report, the
party may comply with paragraph (1) by serving on every
other party a report signed by the party or his solicitor
which sets out the name, address and qualifications of
the expert and the substance of the evidence which he is
expected to give.

(3) A party who has not complied with this subrule
shall not call an expert witness without leave of the
court.

(4) Where a report has been served under paragraph

(1) or paragraph
(2), on motion the court may order that
any records, documents or other materials on which the
report is based be produced for inspection and copying.
(5) On consent of all parties, the court may receive
in evidence at the trial a report served under paragraph

(1) without requiring the expert to attend and give oral
evidence.
52.02 Examination of Expert Witness Before Trial

(1) Where it is impractical or inconvenient for an
expert witness to attend the trial, the party intending to
call the witness may, with leave of the court or the consent
of all parties, examine that witness before the trial
for the purpose of having his evidence available for use
at the trial.

(2) Before applying under paragraph (1) to the court
for leave, the applicant shall comply with Rules 52.01(1)
or 52.01(2).
(3) Where possible, an examination under paragraph
(1) shall be conducted before the trial judge.
(4) Unless ordered otherwise or provided by this
rule, the procedure prescribed by Rule 33 shall apply to
the examination of a witness under this rule.
(5) On the examination of a witness under this rule,
he may be examined, cross-examined and reexamined in
the same manner as a witness at trial.
(6) An order for, or consent to, the examination of a
witness under this rule may provide that the examination
be recorded by videotape or other similar means either in
addition to or substitution for a typewritten transcript.
(7) Where the evidence on an examination under
paragraph (1) has been transcribed, the party whose witness
has been examined shall serve every party who attended
or was represented on the examination, with a
copy of the transcript, free of charge unless ordered otherwise.
(8) A transcript, videotape, or any other recording
of evidence taken under this Rule may, as far as it is admissible,
be tendered in evidence at the trial by a party
to the action, and such parties shall be responsible for
providing the equipment required to tender such evidence
if it is not otherwise available in the courtroom.
(9) Where the evidence of an expert witness has
been taken under this subrule, he shall not be called to
give evidence at the trial, except with leave of the trial
judge or unless the trial judge requires his attendance at
the trial.
52.03 Medical Expert
(1) Where, under Rule 52.01(1), a party has served
a report of an expert who is a medical practitioner as defined
in Rule 36.01 the report may, with leave of the
court, be admitted in evidence without proof of signature
or qualifications of the medical practitioner and without
his attendance at trial.

Rule / Règle 52
(2) When an opposite party, within 10 days after
service of a report of a medical practitioner under Rule
52.01(1), serves notice in writing requiring the attendance
of the medical practitioner at trial, the report shall
not be received in evidence unless the medical practitioner
is called as a witness.
(3) Where a medical practitioner is required to attend
and give oral evidence at or before trial and the
court is of the opinion that his evidence could have been
introduced as effectively by way of a medical report, the
court may order the party who required the attendance of
the medical practitioner to pay the costs of his attendance.