How to obtain judicial expertise?

The judicial expert is a technician specialized in a particular field (e.g. doctor, architect, translator).

He is responsible for give notice to the judge on technical points on which the resolution of a dispute depends (existence of a defect, accounting analysis, etc.).

The expert is sworn.

There are experts in all subjects (medical, accounting, architecture, mechanics, translator-interpreter...).

Each year, the courts of appeal draw up a list of experts.

The Court of Cassation establishes a national list of experts.

It may be necessary to establish the facts and responsibilities by expert findings (e.g. in the case of damage caused by a third party).

Expertise may be requested before any trial. In that case, she is ordered in interim relief.

Expertise may also be requested during the proceedings between the parties before the court.

An appeal court may decide to order an expert report in a case that did not result in an expert report at first instance or a counter-expert report.

The request for expertise can be made  before any trial by initiating an interim procedure or during the procedure.

The decision ordering the expert report shall specify the following points:

• Circumstances making expertise necessary
• Designated expert : the judge may designate one or more experts depending on the complexity of the case.
• Tasks of the expert : the judge shall describe precisely the operations to be carried out by the expert and the elements or facts on which he must rule. For example, the origin of the damage, the liability, the technical solution to put an end to it, the assessment of the damage.
• Amount and deadline for payment of the logging to be paid to the court in respect of provision to be applied to the expert's remuneration.
  The judge shall designate the party or parties who shall record the provision.
  In case of non-payment of deposit, the appointment of the expert shall be lapsed : the expertise does not take place. The judge can draw all the consequences of a party's refusal to record.
  Throughout his expert mission, the expert may request the payment of additional consignments if he considers that the initial consignment is insufficient in view of the acts he must perform.
• Time limit within which the expert must submit his report.
  The judge may also set a time limit within which the expert must file a pre-report.
  The expert may ask the judge to extend this period if necessary.
• Magistrate in charge of monitoring the operations of expertise (or if he himself takes care of this control).

He is possible to appeal an interim order.

Where the expertise has been requested in the course of the trial, there is no immediate appeal the decision ordering or refusing the expert report. The appeal is made once the decision that decides the dispute is made.

The graft forward the procedural file to the expert.

The expert shall summon the parties and their lawyers to a meeting to read the file and listen to each other's arguments.

The assessment shall be conducted in accordance with the principle of contradictory, the parties shall take part in expert appraisal operations.

The expert may be provided by the parties with any documents he deems useful. If the latter do not communicate these documents, he may ask the judge to order their production, possibly under on-call duty.

Documents submitted or comments made by a party to the expert must be mandatory communicated to all parties. Likewise, the expert must communicate to the parties the documents from which he will make his expertise.

The expert may ask the judge to appointment of another expert or technician (called scapegoat) in a specialty other than his own to assist him in his mission. The report of that expert and the opinion of the sapeur shall be attached to the report of the expert.

It may also ask the judge to change its mission for example, to take into account the new consequences of damage.

He can hear from third parties as needed.

The expert informed the judge responsible for reviewing the expert reports the progress of its operations.

When the expert has completed his mission, he shall establish a pre-report that it communicates to the parties.

The parties shall submit their observations (say) within a time limit set by the expert.

After taking these statements into account, the expert shall establish a final report which shall be communicated to the judge and to all the parties.

The expert and the parties inform the judge responsible for reviewing the expert report of all the difficulties encountered.

The judge responsible for reviewing the expert reports may ask the expert or the parties for explanations.

In the event of a problem with the disclosure of documents by a party, the judge may compel the party to produce such documents under on-call duty.

If the expert cannot continue his mission (for example due to health problems), the judge may appoint another expert to continue the mission.

At the same time as his report, the expert shall communicate to the judge and the parties his request for remuneration.

The parties have 15 days to provide their written comments on this matter.

After this period, the judge determines the remuneration of the expert according to the acts performed, the respect of the deadlines and the work provided. It may order the payment of additional sums or the repayment of the overpayment to the parties who have paid in.

Depending on the conclusions of the expert report, the parties may decide to:

• attempt a conciliation between them to resolve the dispute,
• summon the opponent before the court for a judge to rule on the dispute when the expert report was delivered following an interim procedure,
• ask the judge for a second opinion if they dispute all or part of the report.

The judge may ask the expert to present his opinion orally at the hearing.