Federal Courts Rules

Marginal note:Tendering of expert’s evidence at trial

• 280 (1) Unless the Court orders otherwise, evidence in chief of an expert witness may be tendered at trial by

  • (a) the witness reading into evidence all or part of an affidavit or statement referred to in paragraph 279(b); and

  • (b) the witness explaining any of the content of an affidavit or statement that has been read into evidence.

• Marginal note:Other evidence with leave

  (1.1) Despite subsection (1), an expert witness may tender other evidence in chief with leave of the Court.

• Marginal note:Affidavit taken as read

  (2) With leave of the Court, all or part of an affidavit or statement referred to in paragraph 279(b) may be taken as read into evidence by the witness.

• Marginal note:Prohibition on pre-trial cross-examination

  (3) Except with leave of the Court, there shall be no cross-examination before trial on an affidavit or statement referred to in paragraph 279(b).