Federal Courts Rules

Marginal note:Tendering of expert’s evidence at trial

• 280 (1) An expert witness’s evidence may be tendered at trial by

  • (a) the reading into evidence by the witness of all or part of an affidavit or statement referred to in paragraph 279(b);

  • (b) testimony by the witness explaining any of the content of an affidavit or statement that has been read into evidence; and

  • (c) with leave of the Court, other testimony by the witness.

• Marginal note:Affidavit taken as read

  (2) With leave of the Court and the consent of all parties, all or part of an affidavit or statement referred to in paragraph 279(b) may be taken as read into evidence by the witness.

• Marginal note:Prohibition on pre-trial cross-examination

  (3) Except with leave of the Court, there shall be no cross-examination before trial on an affidavit or statement referred to in paragraph 279(b).