Rule 185 – Appointment of a court expert

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1. Where the Court must resolve a specific technical or other question in relation to the action, it may of its own motion, and after hearing the parties, appoint a court expert.

 

2. The parties may make suggestions regarding the identity of the court expert, his technical or other relevant background and the questions to be put to him.

 

3. The court expert shall be responsible to the Court and shall possess the expertise, independence and impartiality required for being appointed as court expert. The parties shall be entitled to be heard on the expertise, independence and impartiality of the court expert.

 

4. The Court shall appoint a court expert by way of order which shall in particular specify:

(a) the name and address of the expert appointed;

(b) a short description of the facts of the action;

(c) the evidence submitted by the parties in respect of the technical or other question;

(d) the questions put to the expert, with the appropriate level of detail, including where appropriate suggestions relating to any experiments to be carried out;

(e) when and under what conditions the expert may receive other relevant information;

(f) the time period for the presentation of the expert report;

(g) information about the reimbursement of expenses incurred by the expert;

(h) information about the sanctions which may be imposed on a defaulting expert; and

(i) his duties under Rule 186.

 

5. The expert shall receive a copy of the order, together with the documents and other evidence that the Court considers to be necessary for carrying out his task.

 

6. The expert shall be required upon receipt of the order to confirm in writing that he will present the expert report within the time period specified by the Court.

 

7. The Court shall agree with the expert on a fee covering his written expert report and his participation in the oral hearing. The Court may reduce this fee by an equitable amount if the expert does not deliver his report within the time period specified by the Court or if the report did not have the quality to be expected of the expert.

 

8. If an appointed court expert does not present his report within the time period specified or, if extended at the expert’s request, the extended period, the Court may appoint another expert in his place. The Court may hold the expert liable for all or part of the costs of appointing and reimbursing another expert.

 

9. The Registry shall maintain an indicative list of technical experts.

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