I missed the timeline of 90 days to serve expert whitness reports. It's 60 ay before trial session starts and the rule is 90 days. Unless I get the trial judges permission.
I have already served a critique report of her expert witness by mine but now I wonder if I still have to get a full blown report. Since the is only one ful report that the judge can choose from.
What can I do to get my expert's full report included for the trial?
thanks.
Here is the rule for Reference:
RULE 23: EVIDENCE AND TRIAL
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(23) A party who wants to call an expert witness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subrule (25),
(a) at least 90 days before the start of the trial; or
(b) in the case of a child protection case, at least 30 days before the start of the trial. O. Reg. 6/10, s. 8 (4).
SAME, RESPONSE
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(24) A party who wants to call an expert witness at trial to respond to the expert witness of another party shall serve on all other parties a report signed by the expert and containing the information listed in subrule (25),
(a) at least 60 days before the start of the trial; or
(b) in the case of a child protection case, at least 14 days before the start of the trial. O. Reg. 6/10, s. 8 (4).
SAME, CONTENTS
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(25) A report provided for the purposes of subrule (1) or (2) shall contain the following information:
1. The expert’s name, address and area of expertise.
2. The expert’s qualifications and employment and educational experiences in his or her area of expertise.
3. The substance of the expert’s proposed evidence. O. Reg. 6/10, s. 8 (4).
SUPPLEMENTARY REPORT
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(26) Any supplementary expert witness report shall be signed by the expert and served on all other parties,
(a) at least 30 days before the start of the trial; or
(b) in the case of a child protection case, at least 14 days before the start of the trial. O. Reg. 6/10, s. 8 (4).
FAILURE TO SERVE EXPERT WITNESS REPORT
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(27) A party who has not followed a requirement under subrule (23), (24) or (26) to serve and file an expert witness report, may not call the expert witness unless the trial judge allows otherwise. O. Reg. 6/10, s. 8 (4).
I have already served a critique report of her expert witness by mine but now I wonder if I still have to get a full blown report. Since the is only one ful report that the judge can choose from.
What can I do to get my expert's full report included for the trial?
thanks.
Here is the rule for Reference:
RULE 23: EVIDENCE AND TRIAL
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(23) A party who wants to call an expert witness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subrule (25),
(a) at least 90 days before the start of the trial; or
(b) in the case of a child protection case, at least 30 days before the start of the trial. O. Reg. 6/10, s. 8 (4).
SAME, RESPONSE
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(24) A party who wants to call an expert witness at trial to respond to the expert witness of another party shall serve on all other parties a report signed by the expert and containing the information listed in subrule (25),
(a) at least 60 days before the start of the trial; or
(b) in the case of a child protection case, at least 14 days before the start of the trial. O. Reg. 6/10, s. 8 (4).
SAME, CONTENTS
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(25) A report provided for the purposes of subrule (1) or (2) shall contain the following information:
1. The expert’s name, address and area of expertise.
2. The expert’s qualifications and employment and educational experiences in his or her area of expertise.
3. The substance of the expert’s proposed evidence. O. Reg. 6/10, s. 8 (4).
SUPPLEMENTARY REPORT
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(26) Any supplementary expert witness report shall be signed by the expert and served on all other parties,
(a) at least 30 days before the start of the trial; or
(b) in the case of a child protection case, at least 14 days before the start of the trial. O. Reg. 6/10, s. 8 (4).
FAILURE TO SERVE EXPERT WITNESS REPORT
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(27) A party who has not followed a requirement under subrule (23), (24) or (26) to serve and file an expert witness report, may not call the expert witness unless the trial judge allows otherwise. O. Reg. 6/10, s. 8 (4).
Comment