The Full Text of Supreme Court Rules 2006 (SA) – Expert Reports – Rule 160

(Applies only to actions commenced on or after 4 September 2006)

Division 2 – Expert Reports

160—Pre-trial disclosure of expert reports

   (1)   A party must, before the relevant time limit—

   (a)   obtain all expert reports that the party intends to obtain for the purposes of the trial of the action; and

   (b)   serve on every other party to the action a copy of each expert report in the party’s possession relevant to the subject matter of an action (whether the party intends to rely on it at the trial or not).

Exception—

This rule does not apply to reports obtained, or to be obtained from a shadow expert (see rule 161(1)).

   (2)   The relevant time limit is the end of a period of 60 days after the time limited for making an initial disclosure of documents.

   (3)   An expert report should—

   (a)   set out the expert’s qualifications to make the report; and

   (b)   set out the facts and factual assumptions on which the report is based; and

   (c)   identify any documentary materials on which the report is based; and

   (d)   distinguish between objectively verifiable facts and matters of opinion that cannot be (or have not been) objectively verified; and

   (e)   comply with any requirements imposed by practice direction.

   (4)   However, if an expert has provided a previous expert report to a party, a report complies with subrule (3) if it refers to material contained in the previous report without repeating it.

   (5)   A party who has disclosed an expert report, and proposes to rely on evidence from the expert at the trial, must, at the request of another party, provide the party making the request with—

   (a)   a copy of documentary material (including material in the form of computer data) on which an expert has relied for making a report; and

   (b)   details of any fee or benefit the expert has received, or is or will become entitled to receive, for preparation of the report or giving evidence on behalf of the party; and

   (c)   details of any communications relevant to the preparation of the report—

    (i)    between the party, or any representative of the party, and the expert; and

   (ii)    between the expert and another expert.

   (6)   The Court may, on application by a party, relieve the party from an obligation to disclose an expert report or information relating to it under this rule.

   (7)   An application under subrule (6)—

   (a)   must be made before or within 7 days after the time for disclosure of the expert report; and

   (b)   must be accompanied by a copy of the relevant report enclosed in a sealed envelope (which is only to be opened at the direction of the Court); and

   (c)   may be made without notice to other parties to the action.

Note—

It should be noted that failure to comply with this rule may result in the exclusion of expert evidence at trial (see rule 214(2)). The expert’s report may become in effect the expert’s evidence-in-chief at trial (see rule 169).