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Difference between revisions of "Family Law Trials in Supreme Court"
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Family Law Trials in Supreme Court (view source)
Revision as of 22:25, 2 August 2017
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Where one party has retained and served a report of its own expert, that party is required to provide to the other party, upon request, the following information: | Where one party has retained and served a report of its own expert, that party is required to provide to the other party, upon request, the following information: | ||
# any written statement or statements of facts on which the expert's opinion is based, | |||
# a record of any independent observations made by the expert in relation to the report, | |||
# any data compiled by the expert in relation to the report, | |||
# the results of any test conducted by or for the expert, or of any inspection conducted by the expert, if the expert has relied on that test or inspection in forming his or her opinion, as well as | |||
# access to the contents of the expert's file relating to the preparation of the opinion set out in the expert's report. | |||
The party receiving the request must respond promptly to it (see Rule 13-6(8) of the Supreme Court Family Rules). | |||
A party who intends to use an expert’s report at trial is responsible for notifying the expert: | A party who intends to use an expert’s report at trial is responsible for notifying the expert: | ||
# of the trial date as soon as possible after the trial date is scheduled or the expert retained, whichever is later, and | |||
# that the expert may be required to attend trial for the purpose of cross-examination (See Rule 13-6(9) of the Supreme Court Family Rules). | |||
If a party objects to another party’s expert report that party must serve upon every other party a notice of any objection that party intends to raise about the admissibility of the report. That notice of objection must be served on the earlier of the date of the trial management conference and the date that is 21 days before the scheduled trial date (see Rule 13-6(10) of the Supreme Court Family Rules). If such notice isn’t given, then the objection will not be permitted at trial (unless the court otherwise orders) (See Rule 13-6(11) of the Supreme Court Family Rules). | If a party objects to another party’s expert report that party must serve upon every other party a notice of any objection that party intends to raise about the admissibility of the report. That notice of objection must be served on the earlier of the date of the trial management conference and the date that is 21 days before the scheduled trial date (see Rule 13-6(10) of the Supreme Court Family Rules). If such notice isn’t given, then the objection will not be permitted at trial (unless the court otherwise orders) (See Rule 13-6(11) of the Supreme Court Family Rules). | ||
