(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.

(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.

(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.

(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.