1964_RULES_OF_THE_SUPREME_COURT — Page 146

HK Historical Laws 香港歷史法例 All AI Reviewed

A 146

[Subsidiary]

CAP. 4] The Rules of the Supreme Court Order 38 [1988 Ed.

direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify.

Meeting of experts (O. 38, r. 38)

38. In any cause or matter the Court may, if it thinks fit, direct that there be a meeting "without prejudice" of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement.

Disclosure of part of expert evidence (O. 38, r. 39)

39. Where the Court considers that any circumstances rendering it undesirable to give a direction under rule 37 relate to part only of the evidence sought to be adduced, the Court may, if it thinks fit, direct disclosure of the remainder.

Expert evidence contained in statement (O. 38, r. 41)

41. Where an application is made under rule 36 in respect of expert evidence contained in a statement and the applicant alleges that the maker of the statement cannot or should not be called as a witness, the Court may direct that the provisions of rules 20 to 23 inclusive and 25 to 33 inclusive shall apply with such modifications as the Court thinks fit.

Putting in evidence expert report disclosed by another party (O. 38, r. 42)

42. A party to any cause or matter may put in evidence any expert report disclosed to him by any other party in accordance with this Part of this Order.

Time for putting expert report in evidence (O. 38, r. 43)

43. Where a party to any cause or matter calls as a witness the maker of a report which has been disclosed in accordance with a direction given under rule 37, the report may be put in evidence at the commencement of the examination in chief of its maker or at such other time as the Court may direct.

Revocation and variation of directions (O. 38, r. 44)

44. Any direction given under this Part of this Order may on sufficient cause being shown be revoked or varied by a subsequent direction given at or before the trial of the cause or matter.

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A 146 [Subsidiary] CAP. 4] The Rules of the Supreme Court Order 38 [1988 Ed. direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify. Meeting of experts (O. 38, r. 38) 38. In any cause or matter the Court may, if it thinks fit, direct that there be a meeting "without prejudice" of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement. Disclosure of part of expert evidence (O. 38, r. 39) 39. Where the Court considers that any circumstances rendering it undesirable to give a direction under rule 37 relate to part only of the evidence sought to be adduced, the Court may, if it thinks fit, direct disclosure of the remainder. Expert evidence contained in statement (O. 38, r. 41) 41. Where an application is made under rule 36 in respect of expert evidence contained in a statement and the applicant alleges that the maker of the statement cannot or should not be called as a witness, the Court may direct that the provisions of rules 20 to 23 inclusive and 25 to 33 inclusive shall apply with such modifications as the Court thinks fit. Putting in evidence expert report disclosed by another party (O. 38, r. 42) 42. A party to any cause or matter may put in evidence any expert report disclosed to him by any other party in accordance with this Part of this Order. Time for putting expert report in evidence (O. 38, r. 43) 43. Where a party to any cause or matter calls as a witness the maker of a report which has been disclosed in accordance with a direction given under rule 37, the report may be put in evidence at the commencement of the examination in chief of its maker or at such other time as the Court may direct. Revocation and variation of directions (O. 38, r. 44) 44. Any direction given under this Part of this Order may on sufficient cause being shown be revoked or varied by a subsequent direction given at or before the trial of the cause or matter.

Baseline (Original)

A 146 [Subsidiary] CAP. 4] The Rules of the Supreme Court Order 38 [1988 Ed. direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify. Meeting of experts (O. 38, r. 38) 38. In any cause or matter the Court may, if it thinks fit, direct that there be a meeting "without prejudice" of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement. Disclosure of part of expert evidence (O. 38, r. 39) 39. Where the Court considers that any circumstances render- ing it undesirable to give a direction under rule 37 relate to part only of the evidence sought to be adduced, the Court may, if it thinks fit, direct disclosure of the remainder. Expert evidence contained in statement (O. 38, r. 41) 41. Where an application is made under rule 36 in respect of expert evidence contained in a statement and the applicant alleges that the maker of the statement cannot or should not be called as a witness, the Court may direct that the provisions of rules 20 to 23 inclusive and 25 to 33 inclusive shall apply with such modifications as the Court thinks fit. Putting in evidence expert report disclosed by another party (O. 38, r. 42) 42. A party to any cause or matter may put in evidence any expert report disclosed to him by any other party in accordance with this Part of this Order. Time for putting expert report in evidence (O. 38, r. 43) 43. Where a party to any cause or matter calls as a witness the maker of a report which has been disclosed in accordance with a direction given under rule 37, the report may be put in evidence at the commencement of the examination in chief of its maker or at such other time as the Court may direct. Revocation and variation of directions (O. 38, r. 44) 44. Any direction given under this Part of this Order may on sufficient cause being shown be revoked or varied by a subsequent direction given at or before the trial of the cause or matter.

2026-05-05 10:16:47 · Baseline

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