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Federal Courts Rules

Version of section 279 from 2006-03-22 to 2006-09-20:

Marginal note:Where expert may testify

 Unless the Court orders otherwise, no evidence in chief of an expert witness is admissible at the trial of an action in respect of any issue unless

  • (a) the issue has been defined by the pleadings or in an order made under rule 265;

  • (b) an affidavit, or a statement in writing signed by the expert witness and accompanied by a solicitor's certificate, that sets out in full the proposed evidence, has been served on all other parties at least 60 days before the commencement of the trial; and

  • (c) the expert witness is available at the trial for cross-examination.

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