Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p55
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 55/100)
Character Range: 250628–253292

Within 21 days after receiving the report of a single expert witness, the parties may enter into a written agreement about conferring with the expert witness for the purpose of clarifying the report.
 (2) The agreement may provide for the parties, or for one or more of them, to confer with the expert witness.
 (3) Without limiting the scope of the conference, the parties must agree on arrangements for the conference.
 (4) It is intended that the parties should be free to make any arrangements for the conference that are consistent with this Division.
Note: For example, arrangements for a conference might include the attendance of another expert, or the provision of a supplementary report.
 (5) Before participating in the conference, the expert witness must be informed of arrangements for the conference.
 (6) In seeking to clarify the report of the expert witness, the parties must not interrogate the expert witness.
 (7) If the parties do not agree about conferring with a single expert witness, the court, on application by a party, may order that a conference be held in accordance with any conditions the court determines.

7.26  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 a conference (if any) is held under rule 7.25; or
 (b) if no conference is held under that rule—within 21 days after the party received the single expert witness's report.
 (2) The questions must:
 (a) be in writing and be put once only; and
 (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.

7.27  Single expert witness's answers
 (1) A single expert witness must answer a question received under rule 7.26 within 21 days after the later of the following:
 (a) the date the expert witness received the question;
 (b) the date the fees and expenses for answering the question are paid or secured.
 (2) An answer to a question:
 (a) must be in writing; and
 (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