District Court Act 1973 District Court Rule (Expert Witnesses) 1999 (1999-257) [GG No 68 of 11.6.1999, p 3903] (NSW)

District Court

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the District Court Act 1973 on 13 May 1999.

J G Cowen

Secretary to the Committee

The object of this Rule is to amend Part 28, rule 9 of the District Court Rules

1973:

(a)	to provide that a party to proceedings who requires the attendance of an expert for cross-examination is to procure the expert’s attendance, and
(b)	to require that party to inform all other parties of the requirement to attend, and
(c)	to make it clear that the expert is not to be treated as that party’s witness except for the purposes of determining liability for conduct money and witness’ expenses.
Published in Gazette No 68 of 11 June 1999, page 3903	Page 1

Clause 1 District Court Rule (Expert Witnesses) 1999

1 Name of Rule

This Rule is the District Court Rule (Expert Witnesses) 1999.

This Rule commences on l July 1999.

The District Court Rules 1973 are amended as set out in

Schedule l .

The explanatory note does not form part of this Rule.

(Clause 3)

Insert after Part 28, rule 9 (2):

(2A) A party who requires the attendance of a person under subrule (2) is to procure that attendance, and, whether the party procures the attendance by the issue and service of a subpoena or otherwise, the person does not thereby become the party's witness except for the purpose of determining any liability for conduct money or witness' expenses.

(2B) A party who requires the attendance of a person as mentioned in subrule (2A) must, as soon as practicable, inform all other parties to the proceedings that the party has done so.