Summary of Supreme Court Rule 161 – Shadow Experts

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

The commencement of the Supreme Court Rules 2006 (SA) saw the introduction of the concept of “shadow experts”.

A shadow expert is engaged to assist in the preparation of a party’s case but not on the basis that he or she will be called to give evidence at trial (for example, an accountant engaged to inspect financial records and advise solicitors on appropriate questions to be put to an expert).

A report by a shadow expert need not be disclosed but notice that a shadow expert has been engaged must be given to other parties.

In the absence of “special reasons” a shadow expert’s evidence is not admissible. The expert will not be regarded as a shadow expert unless, at or before the time they are engaged, the expert gives a certificate certifying that the expert understands that it is not his or her role to provide expert evidence at trial and the expert has not previously been engaged to give advice or opinion in relation to the party’s case or any aspect of it.