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Clause 50

requires an accused who intends to call an expert witness at the hearing to file and serve a copy of the expert witness's statement at least 7 days before the contest mention hearing, or if no contest mention hearing is held, the summary hearing, or if it is not then in existence, as soon as possible after it comes into existence. The statement must contain the witness's name and business address, describe the witness's qualifications to give evidence as an expert, and set out the substance of the evidence the accused proposes to adduce from the witness as an expert (including the witness's opinion and the basis on which the opinion is formed). Clause 1B of Schedule 2 to the Magistrates' Court Act 1989 requires an expert witness statement to be served at least 7 days before the mention date (or if it is not in existence then, as soon as practicable after it comes into existence). This timeframe is not practical as the accused will rarely have a statement prepared so early in a proceeding. A more practical timeframe is to provide the statement shortly before a contest mention hearing. Under section 79 of the Evidence Act 2008, expert evidence is evidence of opinion given by a person with specialised knowledge.