Rule 7.26 — Can I ask the expert questions about their report?

In short

If a single expert witness has written a report in your case, you can ask them written questions to clarify it. You get one opportunity, the questions must be about clarifying the report, and strict time limits apply.

How the timing works

1. 1You receive the expert’s reportThe clock starts from the day you receive it.
2. 2If there was a conference with the expertWhere a conference was held under r 7.25, your questions are due within 7 days after the conference.
3. 3If there was no conferenceYour questions are due within 21 days after you received the report.
4. 4Send your questions and copy everyonePut them to the expert in writing and give a copy to every other party (r 7.26(3)).

The rules your questions must follow

• They must be in writing.
• They can be put once only, so ask everything in one go.
• They must only seek to clarify the report, not argue with it or introduce new evidence.
• They must not be vexatious or oppressive, or require the expert to do an unreasonable amount of work (r 7.26(2)).

Writing good questions

• Tie each question to a page or paragraph of the report.
• Ask what the expert relied on for a particular finding or recommendation.
• Ask them to explain a term, test or conclusion you do not understand.
• Keep questions short, numbered and neutral in tone.