6. How does the court control expert evidence?
The court actively manages expert evidence to ensure that proceedings are conducted justly, efficiently and at proportionate cost.
The court may:
- limit the number of expert witnesses who may be called;
- restrict the issues on which expert evidence may be given;
- order the appointment of a single joint expert;
- direct experts to meet; and
- require experts to prepare a joint statement.
Under Order 38, rule 38 of the RHC or RDC, the court may direct experts to meet on a “without prejudice” basis. The purpose of such a meeting is to identify the matters on which they agree and disagree.
After the meeting, the experts usually prepare a joint statement setting out:
- the issues agreed;
- the issues not agreed; and
- the reasons for any disagreement.
This process helps narrow the issues for trial and may reduce the time and cost of the proceedings.
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