same way as it applies to the records.
(5) If, after service of a subpoena for production referred to in subrule (1), the party who
requested the issue of the subpoena requires production of the original medical records
without the option of producing copies of them, the party must request the issue of, and
serve, another subpoena requiring production of the original medical records.
31.34 Supplementary reports by expert witness
(cf SCR Part 36, rule 13C; DCR Part 28, rule 9C; LCR Part 23, rule 1D)
(1) If an expert witness provides a supplementary report to the party by whom he or she
has been engaged, neither the engaging party nor any other party having the same interest
as the engaging party may use:
(a) the supplementary report, or
(b) any earlier report affected by the supplementary report,
unless all of those reports have been served on all parties affected.
(2) For the purposes of this rule, "supplementary report", in relation to an earlier report
provided by an expert witness, includes any report by the expert witness that indicates
that he or she has changed his or her opinion on a material matter expressed in the earlier
report.
(3) This rule does not apply to a report prepared by a court-appointed expert.
31.35 Opinion evidence by expert witnesses
(cf Federal Court Rules, Order 34A, rule 3)
In any proceedings in which two or more parties call expert witnesses to give opinion evidence
about the same issue or similar issues, or indicate to the court an intention to call expert
witnesses for that purpose, the court may give any one or more of the following directions:
(a) a direction that, at trial:
(i) the expert witnesses give evidence after all factual evidence relevant to the
issue or issues concerned, or such evidence as may be specified by the court, has
been adduced, or
(ii) the expert witnesses give evidence at any stage of the trial, whether before or
after the plaintiff has closed his or her case, or
(iii) each party intending to call one or more expert witnesses close that party's
case in relation to the issue or issues concerned, subject only to adducing evidence
of the expert witnesses later in the trial,
(b) a direction that, after all factual evidence relevant to the issue, or such evidence as
may be specified by the court, has been adduced, each expert witness file an affidavit or
statement indicating:
(i) whether the expert witness adheres to any opinion earlier given, or
(ii) whether, in the light of any such evidence, the expert witness wishes to
modify any opinion earlier given,
(c) a direction that the expert witnesses:
(i) be sworn one immediately after another (so as to be capable of making
statements, and being examined and cross-examined, in accordance with
paragraphs (d), (e), (f), (g) and (h)), and
(ii) when giving evidence, occupy a position in the courtroom (not necessarily the
witness box) that is appropriate to the giving of evidence,
(d) a direction that each expert witness give an oral exposition of his or her opinion, or
opinions, on the issue or issues concerned,
(e) a direction that each expert witness give his or her opinion about the opinion or
opinions given by another expert witness,
(f) a direction that each expert witness be cross-examined in a particular manner or