33.2 Experts - way in which duty to court is to be carried out

--(1) Expert evidence presented to the court must be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of the litigation.

--(2) An expert witness must provide independent assistance to the court by way of objective unbiased opinion in relation to matters within his expertise.

--(3) An expert witness must state the facts or assumptions upon which his opinion is based. He should not omit to consider material facts which could detract from his concluded view.

--(4) An expert witness must make it clear if a particular matter or issue falls outside his expertise.

--(5) If an expert's opinion is not properly researched then this must be stated with an indication that the opinion is no more than a provisional one.

--(6) If the expert cannot assert 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.

--(7) If after exchange of reports an expert changes his view on a material matter such change of view must be communicated to the other party.

Notes

Amended by Legal Notice 233 of 2005.

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