Common use of Expert witness(es) Clause in Contracts

Expert witness(es). (a) Except with leave of the Arbitrator, no evidence of an expert witness shall be received by the Arbitrator unless the signed final expert report of the expert witness and a statement of the expert’s qualifications have been served on the Party opposite by sixty (60) days prior to the Hearing. Expert evidence may be rebutted, provided however that, except with leave of the Arbitrator, no expert evidence to rebut the evidence of an expert witness shall be received by the Arbitrator unless the signed, final expert rebuttal report of the rebuttal expert witness and a statement of the rebuttal expert’s qualifications have been served on the Party opposite by thirty (30) days prior to the Hearing. (b) Unless the Party opposite advises the Party proposing an expert witness of an objection to the qualification of such expert witness or to the admissibility of all or part of the report of such expert witness within fifteen (15) days after the Party opposite’s receipt of such report, the report, or that part to which no objection is stated, shall be filed by the Party proposing such expert witness with the Arbitrator by ten (10) days prior to the Hearing, and shall be admissible as evidence upon the examination-in-chief of such expert witness. Expert witnesses shall be available for cross-examination. (c) At such date and time as established by the Arbitrator, unless otherwise agreed by the Parties in writing, each Party shall be entitled to conduct an oral examination of each expert for the other Party. Such examinations will be conducted under oath and will be limited to one, six-hour day, with no right of extension or recall. The substance of the examination shall be limited to examination on the expert report, the expert rebuttal report, if any, the documents relied on by the expert, the expert’s qualifications, and the expert’s opinions as they concern the issues of the Arbitration.

Expert witness(es). (a) Except with leave of the Arbitrator, no evidence of an expert witness shall be received by the Arbitrator unless the signed final expert report of the expert witness and a statement of the expert’s qualifications have been served on the each other Party opposite by sixty (60) days prior to the Hearing. Expert evidence may be rebutted, provided however that, except with leave of the Arbitrator, no expert evidence to rebut the evidence of an expert witness shall be received by the Arbitrator unless the signed, final expert rebuttal report of the rebuttal expert witness and a statement of the rebuttal expert’s qualifications have been served on the Party opposite by thirty (30) days prior to the Hearing. (b) Unless the a Party opposite advises the Party proposing an expert witness of an objection to the qualification of such expert witness or to the admissibility of all or part of the report of such expert witness within fifteen (15) days after the Party opposite’s receipt of such report, the report, or that part to which no objection is stated, shall be filed by the Party proposing such expert witness with the Arbitrator by ten (10) days prior to the Hearing, and shall be admissible as evidence upon the examination-in-chief of such expert witness. Expert witnesses shall be available for cross-examination. (c) At such date and time as established by the Arbitrator, unless otherwise agreed by the Parties in writing, each Party shall be entitled to conduct an oral examination of each expert for the each other Party. Such examinations will be conducted under oath and will be limited to one, six-hour day, with no right of extension or recall. The substance of the examination shall be limited to examination on the expert report, the expert rebuttal report, if any, any the documents relied on by the expert, the expert’s qualifications, and the expert’s opinions as they concern the issues of the Arbitration.