Back to list of Practice Directions
Guidelines for
Expert Witnesses in Proceedings
in the Supreme
Court of South Australia
| general duty to the Court | form of
expert evidence | experts’ conference |
| experts employed by a party to the action |
1. These Guidelines are not intended to
address exhaustively all aspects of an expert’s duties.
Ÿ
An expert witness has an overriding duty to
assist the Court on matters relevant to the expert’s area of expertise.
Ÿ
An expert witness is
not an advocate for a party.
Ÿ
An expert witness’s
paramount duty is to the Court and not to the person retaining the expert.
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3. The Form of the
Expert Evidence:
Ÿ
An expert’s written report
must give details of the expert’s qualifications, and
of the literature or other material used in making the report.
Ÿ
All assumptions made by
the expert should be clearly and fully stated.
Ÿ
The report should
identify who carried out any tests or experiments upon which the expert relied
in compiling the report, and give details of the qualifications of the person
who carried out any such test or experiment.
Ÿ
Where several opinions
are provided in the report, the expert should summarise them.
Ÿ
The expert should give
reasons for each opinion.
Ÿ
At the end of the
report the expert should declare that “[the expert] has made all the inquiries
which [the expert] believes are desirable and appropriate and that no matters
of significance which [the expert] regards as relevant have, to [the expert’s]
knowledge, been withheld from the Court.”
Ÿ
There should be
attached to the report, or summarised in it, the following: (i) all
instructions (original and supplementary and whether in writing or oral) given
to the expert which define the scope of the report; (ii) the facts, matters and
assumptions upon which the report proceeds; and (iii) the documents and other materials which the expert has been instructed to
consider.
Ÿ
If, after exchange of
reports or at any other stage, an expert witness changes his or her view on a
material matter, having read another expert’s report or for any other reason,
the change of view should be communicated in writing (through legal
representatives) without delay to each party to whom the expert witness’s
report has been provided and, when appropriate, to the Court.
Ÿ
If an expert’s opinion
is not fully researched because the expert considers that insufficient data is
available, - or for any other reason, this must be stated with an indication
that the opinion is no more than a provisional one. Where an expert witness who has prepared a report believes that
it may be incomplete or inaccurate without some qualification, that
qualification must be stated in the report.
Ÿ
The expert should make
it clear when a particular question or issue falls outside his or her field of
expertise.
Ÿ
Where an expert’s
report refers to photographs, plans, calculations, analyses, measurements,
survey reports or other extrinsic matter, these must be provided to the
opposite party at the same time as the exchange of reports.
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If experts retained by the
parties meet at the direction of the Court, it would be improper conduct for an
expert to be given or to accept instructions not to reach agreement. If, at a meeting directed by the Court, the
experts cannot reach agreement on matters of expert opinion, they should
specify their reasons for being unable to do so.
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5. Experts Employed
by a Party to the Action:
The provisions and
requirements of Rule 38 and this Practice Direction apply to any person called
as an expert in the action, even if the expert is employed by a party to the action.
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DATED the 1st day of July,
1999.
(P.C.
Washington)
ACTING
REGISTRAR