FAMILY LAW RULES 2004 - REG 15.65
Questions to single expert witness
(1) A party seeking to clarify the report of a single expert witness may ask questions of the single expert witness under this rule:
(a) within 7 days after the conference under rule 15.64B; or
(b) if no conference is held, within 21 days after receipt of the single expert witness's report by the party.
(2) The questions must:
(a) be in writing and be put once only;
(b) be only for the purpose of clarifying the single expert witness's report; and
(c) not be vexatious or oppressive, or require the single expert witness to undertake an unreasonable amount of work to answer.
(3) The party must give a copy of any questions to each other party.
Note A party may cross-examine a single expert witness (see rule 15.50).
Questions to single expert witness
(1) A party seeking to clarify the report of a single expert witness may ask questions of the single expert witness under this rule:
(a) within 7 days after the conference under rule 15.64B; or
(b) if no conference is held, within 21 days after receipt of the single expert witness's report by the party.
(2) The questions must:
(a) be in writing and be put once only;
(b) be only for the purpose of clarifying the single expert witness's report; and
(c) not be vexatious or oppressive, or require the single expert witness to undertake an unreasonable amount of work to answer.
(3) The party must give a copy of any questions to each other party.
Note A party may cross-examine a single expert witness (see rule 15.50).
FAMILY LAW RULES 2004 - REG 15.66
Single expert witness's answers
(1) A single expert witness must answer a question received under rule 15.65 within 21 days after receiving it.
(2) An answer to a question:
(a) must be in writing;
(b) must specifically refer to the question; and
(c) must:
(i) answer the substance of the question; or
(ii) object to answering the question.
(3) If the single expert witness objects to answering a question or is unable to answer a question, the single expert witness must state the reason for the objection or inability in the document containing the answers.
(4) The single expert witness's answers:
(a) must be:
(i) attached to the affidavit under subrule 15.62 (2);
(ii) sent by the single expert witness to all parties at the same time; and
(iii) filed by the party asking the questions; and
(b) are taken to be part of the expert's report.
Single expert witness's answers
(1) A single expert witness must answer a question received under rule 15.65 within 21 days after receiving it.
(2) An answer to a question:
(a) must be in writing;
(b) must specifically refer to the question; and
(c) must:
(i) answer the substance of the question; or
(ii) object to answering the question.
(3) If the single expert witness objects to answering a question or is unable to answer a question, the single expert witness must state the reason for the objection or inability in the document containing the answers.
(4) The single expert witness's answers:
(a) must be:
(i) attached to the affidavit under subrule 15.62 (2);
(ii) sent by the single expert witness to all parties at the same time; and
(iii) filed by the party asking the questions; and
(b) are taken to be part of the expert's report.
FAMILY LAW RULES 2004 - REG 15.63
Contents of expert's report
An expert's report must:
(a) state the reasons for the expert witness's conclusions;
(b) include a statement about the methodology used in the production of the report; and
(c) include the following in support of the expert witness's conclusions:
(i) the expert witness's qualifications;
(ii) the literature or other material used in making the report;
(iii) the relevant facts, matters and assumptions on which the opinions in the report are based;
(iv) a statement about the facts in the report that are within the expert witness's knowledge;
(v) details about any tests, experiments, examinations or investigations relied on by the expert witness and, if they were carried out by another person, details of that person's qualifications and experience;
(vi) if there is a range of opinion on the matters dealt with in the report -- a summary of the range of opinion and the basis for the expert witness's opinion;
(vii) a summary of the conclusions reached;
(viii) if necessary, a disclosure that:
(A) a particular question or issue falls outside the expert witness's expertise;
(B) the report may be incomplete or inaccurate without some qualification and the details of any qualification; or
(C) the expert witness's opinion is not a concluded opinion because further research or data is required or because of any other reason.
Contents of expert's report
An expert's report must:
(a) state the reasons for the expert witness's conclusions;
(b) include a statement about the methodology used in the production of the report; and
(c) include the following in support of the expert witness's conclusions:
(i) the expert witness's qualifications;
(ii) the literature or other material used in making the report;
(iii) the relevant facts, matters and assumptions on which the opinions in the report are based;
(iv) a statement about the facts in the report that are within the expert witness's knowledge;
(v) details about any tests, experiments, examinations or investigations relied on by the expert witness and, if they were carried out by another person, details of that person's qualifications and experience;
(vi) if there is a range of opinion on the matters dealt with in the report -- a summary of the range of opinion and the basis for the expert witness's opinion;
(vii) a summary of the conclusions reached;
(viii) if necessary, a disclosure that:
(A) a particular question or issue falls outside the expert witness's expertise;
(B) the report may be incomplete or inaccurate without some qualification and the details of any qualification; or
(C) the expert witness's opinion is not a concluded opinion because further research or data is required or because of any other reason.
