Rule 35.6 Written questions to expertsI1

England and Wales

F1(1)

A party may put written questions about an expert’s report (which must be proportionate) to—

(a)

an expert instructed by another party; or

(b)

a single joint expert appointed under rule 35.7.

(2)

Written questions under paragraph (1)—

(a)

may be put once only;

(b)

must be put within 28 days of service of the expert’s report; and

(c)

must be for the purpose only of clarification of the report,

unless in any case,

(i)

the court gives permission; or

(ii)

the other party agrees.

(3)

An expert’s answers to questions put in accordance with paragraph (1) shall be treated as part of the expert’s report.

(4)

Where—

(a)

a party has put a written question to an expert instructed by another party F2...; and

(b)

the expert does not answer that question,

the court may make one or both of the following orders in relation to the party who instructed the expert—

(i)

that the party may not rely on the evidence of that expert; or

(ii)

that the party may not recover the fees and expenses of that expert from any other party.

Annotations

F1: Rule 35.6(1) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(j)(i)
F2: Words in rule 35.6(4)(a) omitted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(j)(ii)

F1: Words in Pt. 35 Table of Contents substituted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(a)