| Expert Evidence -- Requirements of General Application | |
| 1. | It is the duty of an expert to help the court on the matters within his expertise: rule 35.3(1). This duty is paramount and overrides any obligation to the person from whom the expert has received instructions or by whom he is paid: rule 35.3(2). |
| 2. | Expert evidence presented to the court should be, and should be seen to be, the independent product of the expert uninfluenced by the pressures of litigation. |
| 3. | An expert witness should provide independent assistance to the court by way of objective unbiased opinion in relation to matters within his expertise. An expert witness should never assume the role of an advocate. |
| 4. | An expert witness should not omit to consider material facts which could detract from his concluded opinion. |
| 5. | An expert witness should make it clear when a particular question or issue falls outside his expertise. |
| 6. | If an expert's opinion is not properly researched because he considers that insufficient data is available, this must be stated in his report with an indication that the opinion is no more than a provisional one. |
| 7. | In a case where an expert witness who has prepared a report is unable to confirm that the report contains the truth, the whole truth and nothing but the truth without some qualification, that qualification must be stated in the report. |
| 8. | If, after exchange of reports, an expert witness changes his view on a material matter having read another expert's report or for any other reason, such change of view should be communicated in writing (through the party's legal representatives) to the other side without delay, and when appropriate to the court. |