Order 28 — Assessors and Expert Witnesses
Rule 1 Responsibility of Assessor sitting with the Court.
Where an Assessor sits with the Court during a trial, such Assessor shall only give opinion to or advise the Court on the issue for which the Assessor is appointed.
Rule 2 Assessor to take Oath of Secrecy.
The Assessor shall subscribe to the judicial oath of secrecy before the President of the Court or a Judge of the Court before assuming duty.
Rule 3 Assessor not to write Judgment.
The Assessor shall not deliver any opinion in form of judgment or order and shall not dissent or concur with the judgment or order which the Court has given.
Rule 4 Assessor to advise on issue as an expert.
An Assessor shall in advising the Court limit such service to the issue on which the assessor is an expert.
Rule 5 Court not bound to accept Assessor's Opinion or Advice.
The Court is not bound to accept or act on the opinion or advice of the Assessor.
Rule 6 Invitation of expert witness.
(1) Any party intending to call an expert witness must deliver a notice to that effect, together with a summary of the evidence and opinion of the expert witness, at least fourteen (14) days before the date of the hearing.
(2) The party intending to invite an expert witness, shall state in an affidavit:
(a) the area(s) of the claims with which the expert witness is concerned;
(b) the qualification and experience of the expert witness in relations to the claims or issues before the Court
Rule 7 Failure of party to comply with rule 6.
If a party fails to comply with rule 6 of this order, the Court may decline to admit the evidence or admit it only on good cause shown and may make an order as to costs.