Full text of Supreme Court Rules 2006 (SA) – Shadow Experts – Rule 161

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

161—Shadow experts

(1) A shadow expert is an expert who—

(a)  is engaged to assist with the preparation or presentation of a party’s case but not on the basis that the expert will, or may, give evidence at the trial; and

(b) has not previously been engaged in some other capacity to give advice or an opinion in relation to the party’s case or any aspect of it.

(2) An expert will not be regarded as a shadow expert unless, at or before the time the expert is engaged, the expert gives a certificate, in an approved form, certifying that—

(a) the expert understands that it is not his or her role to provide evidence at the trial; and

(b) the expert has not been previously engaged in any other capacity to give advice or an opinion in relation to the party’s case or any aspect of it.

(3) Evidence of a shadow expert is not admissible at the trial unless the Court determines that there are special reasons to admit the evidence.

(4) If a party engages a shadow expert, the party must—

(a) notify the other parties of—

(i) the engagement; and

(ii) the date of the engagement; and

(iii) the name, address and qualifications of the relevant expert; and

(b) serve copies of the expert’s certificate under subrule (2) on the other parties.

(5) The notification must be given—

(a) if the engagement takes effect before the time for disclosing expert reports expires—before that time expires;

(b) in any other case—as soon as practicable after the engagement takes effect.