Experts at Trial

If you serve an expert report, then the other side can challenge their report or qualifications to act as an expert. They can also require that they attend at trial to be cross-examined.

Similarly, if an expert report is served on you, you are able to challenge whether they should be accepted as an expert or cross-examine them on their report. For more information on cross-examination, see Evidence.

If you wish to cross-examine an expert or object to the expert’s qualifications, you must serve notice:

• To cross-examine an expert: You must demand that the expert attend at trial for cross-examination within 21 days of being served with the report
• To object to the expert’s report or qualifications: You must provide all other parties with notice of what you object to about the expert’s report or qualifications by the earlier of 21 days before trial or the Trial Management Conference. For more information see Trial Management Conference)

To lead expert evidence:

• As soon as possible: Search for possible experts. Talk to as many different options as you can
• As soon as possible: Retain the expert, and send them an instruction letter.
• At least 91 days before trial: Get the expert to provide a draft report. Review it, and ensure it followed your instructions. However, do not try to “coach” the expert’s evidence
• 84 days before trial: Serve your ordinary expert report on all parties
• At trial: Ensure the expert is available to testify, if demanded by the other side

To respond to expert evidence

• As soon as possible: Search for possible experts to prepare responding reports
• As soon as possible: Retain any expert who will provide responding evidence
• At least 84 days before trial: Receive and review the other side’s expert report
• 21 days after receiving other side’s expert report: Let the other side know if you want to cross examine their expert
• At least 49 days before trial: Get your expert to give you a draft of any responding report. Review it, and ensure it followed your instructions. However, do not try to “coach” the expert’s evidence
• At least 42 days before trial: Serve your any responding report on all parties
• 21 days before trial or at Trial Management Conference (whichever is earlier): Give notice to all parties if you are going to object to the admissibility of the other side’s expert evidence