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Changes to expert's code of conduct January 23, 2017

Schedule 7  Expert witness code of conduct

3   Content of report

Every report prepared by an expert witness for use in court must clearly state the opinion or opinions of the expert and must state, specify or provide:

(a)  the name and address of the expert, and

(b)  an acknowledgement that the expert has read this code and agrees to be bound by it, and

(c)  the qualifications of the expert to prepare the report, and

(d)  the assumptions and material facts on which each opinion expressed in the report is based (a letter of instructions may be annexed), and

(e)  the reasons for and any literature or other materials utilised in support of each such opinion, and

(f)  (if applicable) that a particular question, issue or matter falls outside the expert’s field of expertise, and

(g)  any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person’s qualifications, and

(h)  the extent to which any opinion which the expert has expressed involves the acceptance of another person’s opinion, the identification of that other person and the opinion expressed by that other person, and

(i)  a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate (save for any matters identified explicitly in the report), and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the court, and

(j)  any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate, and

(k)  whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason, and

(l)  where the report is lengthy or complex, a brief summary of the report at the beginning of the report.4   

4 Supplementary report following change of opinion

(1)  Where an expert witness has provided to a party (or that party’s legal representative) a report for use in court, and the expert thereafter changes his or her opinion on a material matter, the expert must forthwith provide to the party (or that party’s legal representative) a supplementary report which must state, specify or provide the information referred to in clause 3 (a), (d), (e), (g), (h), (i), (j), (k) and (l), and if applicable, clause 3 (f).

(2)  In any subsequent report (whether prepared in accordance with subclause (1) or not), the expert may refer to material contained in the earlier report without repeating it.

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