Special Evidence Rules Quiz

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Questions and Answers

What is the notice period required for a Plaintiff to give notice after the close of pleadings?

  • 45 days
  • 60 days
  • 15 days
  • 30 days (correct)

A Defendant needs to serve and file a summary expert opinion within 90 days after the close of pleadings.

False (B)

How many days after filing the last expert report should the single joint expert's joint minute be completed?

20 days

An expert is someone with broad and deep __________ in a particular field.

<p>competence</p> Signup and view all the answers

Match the following roles with their requirements:

<p>Plaintiff Notice Period = 30 HC days Defendant Notice Period = 60 HC days Summary Expert Opinion (Plaintiff) = 90 HC days Single Joint Expert Joint Minute = 20 days after last report</p> Signup and view all the answers

Flashcards

Expert Evidence

Expert evidence is a special category of evidence requiring specific procedures and deadlines.

Notice of Expert Witness

A formal notification that an expert witness will be used in a legal case.

Summary Expert Opinion

A sworn statement outlining an expert's opinions and the reasoning behind them.

Single Joint Expert

An expert who is agreed upon by both sides of a case.

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Joint Minute of Experts

A formal document summarizing the agreement between experts about key issues and findings.

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Study Notes

Special Evidence Rules

  • Special evidence procedures governed by High Court Rules (HCR) 36(9)&9(A) and the Master's Court Rules (MCR) 24(9)&9(A).

Notice Requirements

  • Plaintiff must give notice 30 High Court or 15 Master's Court days after pleadings close.
  • Defendant must give notice 60 High Court or 45 Master's Court days after pleadings close.
  • Notice is required when calling an expert witness.

Expert Report Service and Filing

  • Plaintiff must serve and file their summary expert opinion and reasons 90 High Court or 30 Master's Court days after pleadings close.
  • Defendant must serve and file their summary expert opinion and reasons 120 High Court or 90 Master's Court days after pleadings close.

Joint Expert Procedure

  • Single joint expert and a joint minute of experts to be arranged 20 days after the filing of the last expert report in both High Court and Master's Court.

Expert Definition

  • An expert possesses extensive knowledge, skills, and experience in a specific field through education and practice.

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