Section 114 - Court experts

(1) In an action the Court may, at any time, on its own motion or at the request of a party, appoint a court expert to inquire into and report upon a matter on which an expert opinion or inference would be admissible under section 112.

(2) Unless otherwise ordered by the Court, the report of the Court expert shall be made to the Court in writing together with the number of copies that the Court may require and the Court shall make one copy of the report available to each party.

(3) The report of the Court expert is admissible to the same extent as the testimony of any other expert witness and shall to that extent be deemed to be in evidence without formal introduction by the Court or a party.

(4) Whether called as a witness by the Court or a party, the Court expert may be cross-examined by the party calling the Court expert and by any other party.

(5) The Court expert shall if possible be a person agreed between the parties, and failing agreement shall be nominated by the Court.

(6) The matters to be submitted to the Court expert shall if possible be agreed between the parties and the Court, and failing agreement shall be settled by the Court.

(7) The Court expert may conduct the experiments and test that the Court expert considers appropriate and may communicate with the parties to arrange for the attendance of a person or the provision of samples or information or any similar matter, and failing agreement between the parties and Court expert as to any of these matters, they shall be determined by the Court.

(8) The Court expert appointed under this section is entitled to reasonable remuneration as determined by the Court.

(9) The remuneration of the Court expert shall be taxed as costs to the parties.

(10) Where it is necessary or appropriate to pay the Court expert any or all of the remuneration to which the Court expert is entitled before costs are taxed without prejudice to the ultimate taxation of costs, and unless otherwise ordered by the Court,

(a) in a civil action, each party shall contribute a proportionate share of that remuneration and are jointly and severally liable for the whole remuneration, and

(b) in a criminal action, the prosecution shall contribute the whole remuneration.