1988 Ed.] The Rules of the Supreme Court Order 40
Special report by examiner (O. 39, r. 13)
[CAP. 4
A 151
13. The examiner may make a special report to the Court with regard to any examination taken before him and with regard to the absence or conduct of any person thereat, and the Court may direct such proceedings to be taken, or make such order, on the report as it thinks fit.
Order for payment of examiner's fees (O. 39, r. 14)
14. (1) If the fees and expenses due to an examiner are not paid he may report that fact to the Court, and the Court may direct the Crown Solicitor to apply for an order against the party on whose application the order for examination was made to pay the examiner the fees and expenses due to him in respect of the examination.
(2) An order under this rule shall not prejudice any determination on the taxation of costs or otherwise as to the party by whom the costs of the examination are ultimately to be borne.
Perpetuation of testimony (O. 39, r. 15)
15. (1) Witnesses shall not be examined to perpetuate testimony unless an action has been begun for the purpose.
(2) Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any honour, title, dignity or office, or to any estate or interest in any real or personal property, the right or claim to which cannot be brought to trial by him before the happening of such event, may begin an action to perpetuate any testimony which may be material for establishing such right or claim.
(3) No action to perpetuate the testimony of witnesses shall be set down for trial.
[Subsidiary]
ORDER 40
COURT EXPERT
Appointment of expert to report on certain questions (O. 40, r. 1)
1. (1) In any cause or matter which is to be tried without a jury and in which any question for an expert witness arises the Court may at any time, on the application of any party, appoint an independent expert or, if more than one such question arises, 2 or more such experts, to inquire and report upon any question of fact or opinion not involving questions of law or of construction.
An expert appointed under this paragraph is referred to in this Order as a "court expert".
(2) Any court expert in a cause or matter shall, if possible, be a person agreed between the parties and, failing agreement, shall be nominated by the Court.