CPR Part 35 (England and Wales)
Definition
The Civil Procedure Rules Part 35 that governs expert witnesses in civil proceedings in England and Wales. The equivalent for criminal proceedings is the Criminal Procedure Rules Part 19. Both require the expert to state that their duty is to the court and to sign a declaration of truth.
- Jurisdiction
- England and Wales, civil proceedings
- Requires
- Statement that duty is to the court, signed statement of truth
- Criminal equivalent
- Criminal Procedure Rules Part 19
Common questions
What is the legal consequence for an expert report that fails to comply with CPR Part 35?+
A report that lacks the required declaration of duty or statement of truth can be challenged on admissibility grounds or given reduced weight by the court, since the rule's formal requirements exist specifically to certify that the expert understands and has honoured their duty of objectivity.
Why does the same duty-to-the-court principle appear in both the civil Part 35 and criminal Part 19 rules?+
Both rules address the same underlying concern, that an expert instructed and paid by one party could otherwise be perceived or act as an advocate for that party, so English procedural law applies a parallel overriding-duty requirement across civil and criminal proceedings to preserve expert objectivity in either forum.
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