How do I get forensic expertise?

Verified 24 September 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Where the outcome of the dispute depends on a technical analysis, it is possible to call on a forensic expert. The expert opinion may be requested by the parties or by the judge. It can be requested before the trial or during the trial itself. The expert shall draw up a report to be submitted to the judge.

He's a person who specializes in a field. The judicial expert is responsible for giving the judge an opinion on the technical points on which the resolution of a dispute depends (cause of an accident, existence of a malpractice, accounting analysis, etc.)

The expert shall be entered on a list. There is an annual list drawn up by the Court of Appeal and a national list drawn up by the Court of Cassation.

Who shall I contact

The expert is sworn.

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

The judge may appoint an expert from a list of a court of appeal that is not within his jurisdiction. It may also appoint a professional not included in the list of experts.

When to ask for the expertise?

You can request an expert opinion from the judge before any trial by making a request for interlocutory or during the procedure.

Before the trial (interim proceedings)

You can refer a request for expertise to the judge by interlocutory pre-trial with the objective of establishing the proof facts on which the judge's decision may depend.

The interim procedure allows for the expertise to be implemented quickly. It does not allow the dispute to be resolved.

The lawyer is required if the amount of the dispute is greater than €10,000.

Who shall I contact

You must file a complaint with the court by subpoena.

If the judge decides on an expert's report, he or she makes a decision that specifies the following:

  • Designated Expert
  • Mission of the expert
  • Consignment amount (amount of money paid as an advance)
  • Time limit within which the expert must complete his task

The judge shall indicate which magistrate is responsible for following up the forensic examination or whether he himself is responsible for that supervision.

During the trial

The judge may order an expert opinion if he or she considers that there is insufficient evidence to make a decision and that he or she needs the technical advice of a professional.

You can also ask the judge for expertise with the objective of establishing the evidence on which the judge's decision may depend.

If the judge decides on an expert's report, he or she makes a decision that specifies the following:

  • Designated Expert
  • Mission of the expert
  • Consignment amount (amount of money paid as an advance)
  • Time limit within which the expert must complete his task

The judge shall also indicate which magistrate is responsible for following up the forensic examination or whether he himself is responsible for this supervision.

Which expert is appointed?

The judge may appoint one or more experts depending on the complexity of the expert opinion. The nominated expert may refuse the assignment, another expert shall then be nominated.

You can suggest an expert name, but the final decision rests with the judge.

You can turn down an expert if you feel they may not be impartial. For example, if he has friendly, family or professional relations with your opponent or his family.

Mission of the expert 

The judge shall describe precisely the operations to be carried out by the expert.

It shall indicate the elements or facts on which the expert is to give an opinion. For example, they may ask the government to determine the origin or cause of the damage and who they believe is responsible.

The expert gives only a technical opinion, he gives no legal assessment.

Logging

The judge shall fix the amount of a deposit and the period within which it is to be paid. The deposit is an amount of money paid as provision to graft of the court. This amount of money is an advance of costs to cover the cost of expertise.

The party who requested the expertise must pay the deposit. If more than one party is required to record this amount, the judge shall indicate the share of each party.

You must pay the deposit within the time limits set by the judge. The expert will only start his mission once the Registry has informed him of the payment of the sum.

If the deposit is not paid, the appointment of the expert will be canceled and the expert will not take place. However, you can ask the judge to reconsider this cancelation if you have a legitimate reason.

Throughout his expert mission, the expert may request the payment of an additional deposit. He may make such a request in the light of the acts he has carried out or still has to carry out, if he considers that the deposit is insufficient to cover his fees.

FYI  

the beneficiary of legal aid must not pay a deposit.

Deadlines

The decision shall specify the time limit within which the expert shall submit his report.

It may also set a time limit within which the expert shall submit a preliminary report.

The expert may ask the judge to extend this period if necessary.

Appeals

You can appeal the order for interim measures, which orders an expert report before the trial.

If you have requested expertise during a trial, you can only appeal the judgment that orders or denies the expertise at the same time as the decision that decides the trial. There is an exception: if you ask the first president of the court of appeal for authorization.

The parties must participate in the forensic operations.

The expert shall convene the parties and their lawyers to a meeting to read the file and listen to everyone's arguments. He realizes the findings in their presence.

Failure by the expert to convene the parties may render the expert's opinion void.

The Registry shall forward the procedural file to the expert, who may also be provided with any documents which he considers relevant by the parties. If the latter do not provide the documents, he may ask the court to order their production.

The expert shall set a time limit within which the parties may submit their comments to the expert in writing. It shall not be obliged to take account of observations made after that period.

The expertise shall be carried out in accordance with contradictory. If a party submits documents or observations to the expert, they must be communicated to all parties. Similarly, the expert must provide the documents on which he is going to make his expertise.

The expert may ask the judge for the appointment of another expert or technicians if he considers it appropriate. He may also ask the judge to change his mission.

He can hear from third parties if necessary.

The expert must inform the judge of his or her operations and progress.

FYI  

the judge may be present during the expert examination. He shall then draw up a record of the parties' findings and explanations.

With the submission of the report, the expert shall attach his request for remuneration, which he shall also communicate to all parties.

The parties have 15 days to submit their written observations on this matter.

After this period, the judge shall fix the expert's remuneration on the basis of the acts carried out, compliance with the time limits and the work done.

It authorizes the expert to be remitted the amount of the deposit up to his remuneration. It may order the payment of additional sums or the reimbursement of the overpayment to the parties who have lodged a deposit.

The judgment, which decides the dispute, determines the party who must finally pay the expert's fees. These costs are included in the costs, that is to say, in the costs associated with the legal proceedings.

FYI  

some legal protections provided by insurers may cover the cost of expertise.

When the expert has completed his mission, he shall draw up a pre-report to enable the parties to send say. The parties must observe the time limit set by the expert for making their comments on this preliminary report. After taking account of this, it shall draw up a final report. When the expert has completed his mission he shall draw up his report. This report shall be communicated to all parties.

The parties may request a second opinion.

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

The expert's report is only one element of the record, the judge is not bound by the expert's conclusions.

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