When is the deadline for service of expert's report or hospital report before hearing?
The catalogue records a 28 days period from The date of the hearing at which the report is to be used (counted backwards). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The date of the hearing at which the report is to be used (counted backwards)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- The admissibility sanction in r 31.28(3) operates "except by leave of the court, or by consent of the parties", and r 31.28(4) provides that leave is not to be given unless the court is satisfied that there are exceptional circumstances warranting leave or that the report merely updates an earlier report served in accordance with subrule (1). Time may also be extended or abridged under UCPR r 1.12. Not computed.
- The sanction is admissibility: under r 31.28(3) an expert's report or hospital report not served in accordance with the rule is not admissible without leave or consent, including where tendered under ss 63, 64 or 69 of the Evidence Act 1995, and oral expert evidence in chief is confined to the substance of a report served in accordance with the rule. Backwards count, so no roll-forward; if the calculated date is a registry closure day, service must be earlier. Corrected on verification: pinpoint narrowed from r 31.28 to r 31.28(1)(c), and the researched entry's description of the discretion has been replaced with the actual terms of r 31.28(3) and (4), which impose an exceptional-circumstances threshold on leave that the researched entry did not record.