Forensic examination in Civil proceedings

Judicial expertise in civil proceedings shall be appointed, if the resolution of of the dispute requires special knowledge in science, technology, art or craft.

For the purpose of examination of the party must prepare a request for appointment of forensic examination and to declare it at the hearing. The petition must specify the issues which the party wishes to put to the expert, and it is desirable to provide letters of consent from those of expert organizations, in which the party would ask the court to appoint examination.

The court, having considered the petition, either approve or reject the application, and accordingly motivate its refusal.

If the court grants Your request, it shall issue a ruling on appointment of expert examination of the issues and dates of examination, and also points out exactly to whom it is entrusted and charged with the payment of expenses for examination. The entire amount of funds for the examination is paid generally on account of expert organizations prior to the examination.

Often the party declaring the petition incorrectly assumes that the court will appoint the organization specified in the petition and indicate the issues that define the party. In fact, because of the expertise appointed by the court, then, accordingly, both the questions and the organization of the court chooses, at its discretion, with the other party in determining the issues and expert organizations also has the same rights as opponents.

For well-written questions, we recommend to meet with the experts personally to consult and get consent for examination (letter of agreement) and accordingly agree on its value. It should take into account that Your preliminary meeting can only relate to questions and consent to the examination. Any agreements about predetermine answers to questions are not allowed and no oneВ  will no accept such arrangements.

This is because it is impossible to answer questions without conducting research and, furthermore, only the truth will help You to get justice. Communication with specialists is all the more helpful that after the consultation You can see the possible prospects of the case more clear, to clarify the vague questions that You have and perhaps reach a settlement agreement with opponents.

You should also understand that You as a party cannot influence on examination results nor for the experts. The expert shall have the rights and obligations of the Code of civil Procedure and is accountable only to the court appointed examination and only in terms of procedural requirements, since the court has no right to exert any pressure on the expert. Attempt to pressure the expert someone else is punishable by law with attraction guilty to criminal responsibility.

Our agancy offers consultations on construction and technical and evaluative expertise for free, we will be happy if as a result of communication with us You can come to a reasonable compromise with opponents.

Even more desirable to receive consultation (our organization provides them for free) and conduct the examination before applying to the court for a more complete understanding of the prospects of judicial dispute resolution.

You can ask any of your questions using the service “ask a question at our website”.