CPR Part 35
Definition
The Civil Procedure Rules section governing expert evidence in England and Wales. It establishes the expert's overriding duty to the court, the content requirements of expert reports, and the procedures for joint expert instructions and hot-tubbing.
- Jurisdiction
- England and Wales
- Key requirements
- Statement of truth and articulation of the expert's overriding duty to the court
Common questions
What is CPR Part 35?+
CPR Part 35 is the Civil Procedure Rules section in England and Wales that governs how expert evidence is used in civil court cases. It sets out the requirements for expert reports, defines the expert's overriding duty to the court, and establishes procedures for expert testimony including joint instructions and hot-tubbing.
What is an expert's overriding duty under CPR Part 35?+
Under CPR Part 35, an expert's overriding duty is to the court, not to the party that instructed them. Expert reports must include a statement of truth and must articulate this duty. The expert must present evidence impartially and help the court reach sound decisions.
What is hot-tubbing under CPR Part 35?+
Hot-tubbing is a procedure where multiple experts appear in court together to discuss and debate the evidence in real time. This helps the judge understand areas of agreement and disagreement and is one of the expert evidence procedures established under CPR Part 35.
Related terms
- BSA 2023 Section 39
- The expert-evidence provision of India's Bharatiya Sakshya Adhiniyam 2023, successor to Indian Evidence Act Section 45. Governs the admissibility of expert opinion...
- Concurrent Evidence (Hot-Tubbing)
- A procedure used in some common-law jurisdictions, particularly in Australia and international arbitration, where opposing experts are examined simultaneously by the tribunal...
- Contemporaneous Documentation
- The requirement to record assessment observations, raw data, collateral information reviewed, and the reasoning for forensic opinions at the time they are...
- Court-Appointed Expert
- A neutral forensic expert appointed by the court independently of the parties; the default model in French and German civil law systems...
- Daubert Standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- Dual-Role Conflict
- The professional conflict arising when a forensic psychologist simultaneously holds a therapeutic and an evaluative relationship with the same individual; addressed under...
- Expert Witness Duty to Court
- The overriding obligation of an expert witness in common law proceedings to assist the court impartially, superseding any duty to the retaining...
- Expert's Overriding Duty
- The principle, codified in CPR Part 35.3 and equivalent rules, that an expert witness's primary obligation is to assist the court rather...
- Federal Rules of Evidence Rule 702
- The US federal rule governing expert testimony, requiring that the opinion be based on sufficient facts, reliable principles, and a reliable application...
- Frye Standard
- The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be...
- Insanity Defense Reform Act 1984
- US federal legislation passed after the Hinckley acquittal that restricted expert psychiatric and psychological testimony in insanity proceedings by prohibiting direct ultimate-issue...
- Party-Retained Expert
- A forensic psychologist instructed by one party to litigation to provide an expert opinion; subject to the overriding duty to the court...
Explained in these topics
- Expert Testimony and Court StandardsThe Civil Procedure Rules section governing expert evidence in England and Wales. It establishes the expert's overriding duty to the court, the content require...
- The Forensic Psychologist in Court: Roles and BoundariesCivil Procedure Rules Part 35 in England and Wales, governing the use of expert evidence in civil proceedings, requiring a statement of truth and articulation...