2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

32.14   Contents of report

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    (1)   An expert witness' report must —

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      (a)     give details of the expert witness' qualifications;

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      (b)     give details of any literature or other material which the expert witness has used in making the report;

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      (c)     say who carried out any test or experiment which the expert witness has used for the report;

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      (d)     give details of the qualifications of the person who carried out any such test or experiment;

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      (e)     if there is a range of opinion on the matters dealt with in the report —

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        (i)     summarise the range of opinion; and

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        (ii)     give reasons for his or her opinion; and

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      (f)     contain a summary of the conclusions reached.

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    (2)   At the end of an expert witness' report there must be a statement that the expert witness —

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      (a)     understands his or her duty to the court as set out in rules 32.3 and 32.4;

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      (b)     has complied with that duty;

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      (c)     has included in the report all matters within the expert witness' knowledge and area of expertise relevant to the issue on which the expert evidence is given; and

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      (d)     has given details in the report of any matter which to his or her knowledge might affect the validity of the report.

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    (3)   There must also be attached to an expert witness' report copies of —

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      (a)     all written instructions given to the expert witness;

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      (b)     any supplemental instructions given to the expert witness since the original instructions were given; and

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      (c)     a note of any oral instruction given to the expert witness, and the expert must certify that no other instruction than those disclosed have been received by him or her from the party instructing the expert, the party's legal practitioner or any other person acting on behalf of the party.

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    (4)   If a report refers to photographs, plans, calculations, survey reports or other similar documents, these must be provided to the opposite party at the same time as the service of the report.

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    (5)   If it is not practicable to provide a copy of the documents referred to in paragraph (4), those documents must be made available for inspection by the other party or any expert witness instructed by that party within 7 days of a request to do so.