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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

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Single expert witnesses

4.18.—(1) The sheriff may order information to be presented on a particular matter by a single expert witness.

(2) Where the sheriff makes such an order, participants must make reasonable efforts to agree joint instructions for the expert witness.

(3) Where participants cannot agree joint instructions—

(a)they must send a joint instruction about any matters they can agree;

(b)they must lodge separate instructions about other matters; and

(c)the sheriff must approve the terms of those separate instructions before they are sent to the single expert witness.

(4) Where participants cannot agree on the identity of a single expert witness, the sheriff may—

(a)select an expert from a list prepared by the participants; or

(b)order how an expert is to be selected.

(5) Unless the sheriff orders otherwise, the cost of instructing the single expert witness is to be shared equally between the participants.

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