Notice for Frustrated Cross-Examiners

All too often, affidavits for motions or applications are sworn by lawyers or law clerks based on information from others. These affidavits will sometimes attach entire reports by experts and the grounds for the motion or application will include the opinion set out in the attached expert report. This is frequently seen to shield the author of the report, namely the expert, from cross-examination and, what may well be, the key grounds supporting or disputing the request made in the motion or application from being challenged by way of cross-examination. To proceed with an examination to ask questions of someone who has no personal information can be a good way to waste your time and your client's money.

Litigation Tips & Traps: "Southren" Style, The Advocates' Society Brief, vol. 19, No. 2