Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa24. Medical examinations, inspection of things, expert testimony and tendering in evidence any plan, diagram, model or photograph |
| (1) | Subject to this rule, any party to proceedings in which damages or compensation in respect of alleged bodily injury is claimed may require any party claiming such damages or compensation whose state of health is relevant to the determination of such damages or compensation to submit to an examination by one or more duly registered medical practitioners. |
(2)
| (a) | Any party requiring another party to submit to an examination provided for in subrule (1) shall deliver a notice specifying the nature of the examination required, the person or persons by whom it will be conducted, the place where and the date (being not less than 15 days from the date of such notice) and time it is desired that such examination shall take place and requiring such other party to submit himself or herself for examination at such place, date and time. |
| (b) | A notice referred to in paragraph (a) shall state that the other party may have his or her own medical adviser present at such examination, and shall be accompanied by a remittance in respect of the reasonable expense to be incurred by the other party in attending such examination. |
| (c) | The amount of the expense referred to in paragraph (b) shall be tendered on the scale as if such person were a witness in a civil suit before the court: Provided that— |
| (i) | if the other party is physically incapable of proceeding on his or her own to attend such examination, the amount to be paid to him or her shall include the cost of his or her travelling by motor vehicle and, where required, the reasonable cost of a person attending upon him or her, |
| (ii) | where the other party will actually forfeit any salary, wage or other remuneration during the period of his or her absence from work he or she shall in addition to his or her expenses on the basis of a witness in a civil case be entitled to receive an amount not exceeding R75 per day in respect of the salary, wage or other remuneration which he or she will actually forfeit, and |
| (iii) | any amount paid by a party in terms of this subrule shall be costs in the cause, unless the court otherwise directs. |
(3)
| (a) | Any party receiving a notice referred to in subrule (2)(a) shall, within 10 days of the service thereof, notify the party delivering it in writing of the nature and grounds of any objection which he or she may have in relation to— |
| (i) | the nature of the proposed examination; |
| (ii) | the person or persons by whom the examination is to be conducted; |
| (iii) | the place, date or time of the examination; and |
| (iv) | the amount of the expenses tendered to him or her, |
and shall further—
| (aa) | in the case of his or her objection being to the place, date or time of the examination, suggest an alternative place, date or time for the examination or; |
| (bb) | in the case of his or her objection being to the amount of the expenses tendered, furnish particulars of such increased amount as he or she may require. |
| (b) | If a party receiving the notice referred to in subrule (2)(a) does not deliver any objection within the period referred to in paragraph (a), he or she shall be deemed to have agreed to the examination upon the terms set forth by the party giving the notice. |
| (c) | If a party receiving an objection is of opinion that the objection or any part thereof is not well-founded he or she may apply to the court to determine the conditions upon which the examination, if any, is to be conducted. |
| (4) | Any party to proceedings referred to in subrule (1), may at any time by notice require any party claiming any damages or compensation so referred to, to make available and to furnish copies thereof on request, in so far as he or she is able to do so, to such first-mentioned party within 15 days any medical report, hospital record, X-ray photograph, or other documentary information of a like nature relevant to the assessment of such damages or compensation. |
| (5) | If it appears from any medical examination carried out either by agreement between the parties or in pursuance of any notice given in terms of this rule or any determination made by the court under subrule (3) that any further medical examination by any other medical practitioner is necessary or desirable for the purpose of obtaining full information on matters relevant to the assessment of such damages or compensation, any party may require a second and final examination in accordance with the provisions of this rule. |
| (5A) | If any party claims damages resulting from the death of another person, he or she shall undergo a medical examination as prescribed in this rule if such examination is requested and it is alleged that his or her own state of health is relevant in determining the damages. |
| (6) | If it appears that the state or condition of anything of any nature whatsoever whether movable or immovable may be relevant with regard to the decision of any matter at issue in any action, any party thereto may at any stage thereof, not later than 15 days before the hearing, give notice requiring the party relying upon the existence of such thing or having such thing in his or her possession or under his or her control to make it available for inspection or examination and may in such notice require such party to have such thing or a fair sample thereof available for inspection or examination for a period not exceeding 10 days from the receipt of the notice. |
(7)
| (a) | A party requested under subrule (6) to submit a thing for inspection or examination may require the party so requesting to specify the nature of the inspection or examination for which such thing is to be submitted, and shall not be bound to submit such thing therefor if he or she will be materially prejudiced by reason of the effect thereof upon such thing. |
| (b) | In the event of any dispute whether a thing should be submitted for inspection or examination, either party may on application to the court state that the inspection or examination has been required and objected to and the court may make such order as it may deem fit. |
| (8) | Any party causing a medical examination or an inspection or examination to be made in terms of subrule (1) or (6) shall— |
| (a) | cause the person making the medical examination or the inspection or examination to give a full report in writing of the results of such medical examination or inspection or examination, as the case may be, and the opinions that he or she formed as a result thereof on any relevant matter; |
| (b) | after receipt of such report and upon request, furnish any other party with a complete copy thereof; and |
| (c) | bear the expense of the carrying out of any such medical examination or inspection or examination and such expense shall form part of such party's costs. |
| (9) | No person shall, save with the leave of the court or the consent of all parties to the suit, be entitled to call as a witness any person to give evidence as an expert upon any matter upon which the evidence of expert witnesses may be received, unless he or she shall— |
| (a) | not less than 15 days before the hearing, have delivered notice of his or her intention to do so; and |
| (b) | not less than 10 days before the hearing, have delivered a summary of such opinions of such expert and his or her reasons therefor. |
(10)
| (a) | No party to an action shall, except with the consent of all the other parties to the action or with the leave of the court, be entitled to tender in evidence any plan, diagram, model or photograph unless he or she shall not less than 10 days before the hearing of the action, have given every such other party notice of his or her intention to do so. |
| (b) | A notice under paragraph (a) shall state that every party receiving it shall be entitled to inspect such plan, diagram, model or photograph and shall require such party, within 5 days of the receipt thereof, to state whether he or she has any objection to such plan, diagram, model or photograph being admitted in evidence without proof. |
| (c) | If a party receiving a notice under paragraph (a) fails within the period specified in the notice to state whether he or she objects to the admission in evidence of the plan, diagram, model or photograph referred to in the notice, such plan, diagram, model or photograph, as the case may be, shall be received in evidence upon its mere production and without further proof thereof. |
| (d) | If a party receiving a notice under paragraph (a) objects to the admission in evidence of such plan, diagram, model or photograph, such plan, diagram, model or photograph, as the case may be, may be proved at the hearing of the action and the party receiving the notice may be ordered to pay the costs of such proof. |