Anonymous

Difference between revisions of "Family Law Trials in Supreme Court"

From Clicklaw Wikibooks
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If the expert has been retained by one party:  
If the expert has been retained by one party:  
<blockquote>
* The party who retained the expert can conduct a direct examination (not a cross-examination) of the expert if it is limited to clarifying terminology in the report or otherwise to making the report more understandable (Rule 13-7(5) of the Supreme Court Family Rules).
(a) the party who retained the expert may conduct a direct examination of the expert which is limited to clarifying terminology in the report or to otherwise make the report more understandable (Rule 13-7(5) of the Supreme Court Family Rules);
* The other party can cross-examine the expert at trial (provided they gave the necessary notice of their intention to cross-examine the expert).
 
* After the cross-examination, the party who retained the expert may ''re-examine'' the expert on any new issues that were raised in the cross-examination.
(b) the other party is permitted to cross-examine the expert at trial provided that party gave the necessary notice of their intention to cross-examine the expert;  and
 
(c) after the cross-examination, the party who retained the expert may be permitted to re-examine the expert on any new issues that were raised in the cross-examination.
</blockquote>
 
Where an expert has been appointed by the court, a party wishing to cross-examine the expert at trial must serve notice on the expert and all parties.  The notice is in [[Form F43 Notice to Cross-examine|Form F43]] and must be served at least 28 days before the scheduled trial date.  
Where an expert has been appointed by the court, a party wishing to cross-examine the expert at trial must serve notice on the expert and all parties.  The notice is in [[Form F43 Notice to Cross-examine|Form F43]] and must be served at least 28 days before the scheduled trial date.