Federal Courts Rules (SOR/98-106)

Regulations are current to 2013-05-20 and last amended on 2013-04-01. Previous Versions

Expert Witnesses

Marginal note:Admissibility of expert’s evidence

279. Unless the Court orders otherwise, no expert witness’s evidence is admissible at the trial of an action in respect of any issue unless

  • (a) the issue has been defined by the pleadings or in an order made under rule 265;

  • (b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served in accordance with subsection 258(1), rule 262 or an order made under rule 265; and

  • (c) the expert witness is available at the trial for cross-examination.

  • SOR/2006-219, s. 6;
  • SOR/2010-176, s. 7.
Previous Version
Marginal note:Tendering of expert’s evidence at trial

  • 280. (1) Unless the Court orders otherwise, evidence in chief of an expert witness may be tendered at trial by

    • (a) the witness reading into evidence all or part of an affidavit or statement referred to in paragraph 279(b); and

    • (b) the witness explaining any of the content of an affidavit or statement that has been read into evidence.

  • Marginal note:Other evidence with leave

    (1.1) Despite subsection (1), an expert witness may tender other evidence in chief with leave of the Court.

  • Marginal note:Affidavit taken as read

    (2) With leave of the Court, all or part of an affidavit or statement referred to in paragraph 279(b) may be taken as read into evidence by the witness.

  • Marginal note:Prohibition on pre-trial cross-examination

    (3) Except with leave of the Court, there shall be no cross-examination before trial on an affidavit or statement referred to in paragraph 279(b).

  • SOR/2006-219, s. 7;
  • SOR/2010-176, s. 8;
  • SOR/2013-18, s. 6.
Previous Version

281. [Repealed, SOR/2006-219, s. 8]

Previous Version

Evidence at Trial

Marginal note:Examination of witnesses

  • 282. (1) Unless the Court orders otherwise, witnesses at trial shall be examined orally and in open court.

  • Marginal note:Witnesses to testify under oath

    (2) All witnesses shall testify under oath.

Marginal note:Expert witness panel

282.1 The Court may require that some or all of the expert witnesses testify as a panel after the completion of the testimony of the non-expert witnesses of each party or at any other time that the Court may determine.

  • SOR/2010-176, s. 9.