It's a specialist in a particular field (medical, real estate construction, automobile mechanics...).

The judicial expert is responsible for give an opinion to the judge on technical points on which the resolution of a dispute depends (cause of an accident, existence of an infringement, accounting analysis, etc.).

The expert shall be entered on a list. Each year, the Court of Cassation draws up a national list and each Court of Appeal draws up its own list of judicial experts.

The expert is sworn.

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

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 on the list of experts to lend oath.

You can ask the judge for an expert opinion before any trials by initiating a procedure for interlocutory or during the procedure.

How is the expert appointed?

The judge may designate one or more experts depending on the complexity of the case.

The expert may take the initiative to obtain the opinion of another technician (called sapper) to assist it in the performance of its tasks.

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.

The decision shall the time limit within which the expert must 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.

What are the tasks of the expert?

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

It shall indicate the elements or facts on which the expert is to give an opinion. For example, they can ask the court to determine the origin of the damage, who they believe is responsible, and what the technical solution is to end the dispute.

The expert shall only give a technical opinion, it does not give any legal assessment.

What is logging?

The judge shall fix the amount of a consignment and the time limit within which the deposit is to be paid. The deposit is an amount of money paid as provision to graft of the court. This provision is a advance on expert's remuneration as close as possible to his final remuneration.

The judge shall designate the party or parties to record the provision. If there are several parties, the judge indicates the share of each.

He shall adjust the payment of the deposit if necessary (for example, if the expert's anticipated fees are very high or if a party is in a difficult financial situation).

You must pay the deposit in accordance with the conditions and time limits set by the judge. The expert shall not commence his task until the Registry has informed him of the payment of the sum, unless the judge requires him to commence his examination immediately.

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

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.

If you don't have enough income to pay the expert's fees, you can ask to benefit from legal aid.

Conduct of forensic operations

The parties must participate 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.

The failure to convene the parties by the expert may nullity of the expert's report.

The Registry shall forward the procedural file to the expert, who may also be provided by the parties with any documents he considers relevant. If the latter do not communicate these documents, he may ask the judge to order their production, if necessary under penalty payment.

The expert shall set a time limit within which the parties may submit their comments to the expert in writing. After that period, he is not obliged to take them into account.

Expertise shall be carried out in accordance with the principle of contradictory. If a party refers to documents or makes observations to the expert, these 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 a technician (called sapper) if it considers it useful to assist it in its analysis. This supervisor must be competent in a specialty other than that of the expert. The opinion of the surveyor shall be attached to the expert's report.

He may also ask the judge to change his mission.

He can hear from third parties if necessary.

The expert shall inform the judge of the progress of his operations.

What happens after the test?

When the expert has completed his mission, he shall establish a pre-report to enable the parties to address say. The parties must observe the time limit set by the expert for making their comments on this preliminary report.

Having taken account of those statements, it shall establish a final report. This report shall be communicated to all parties.

The parties may request a second opinion if they contest all or part of the report.

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

The expert report is only one element of the dossier, the judge is not bound by the expert's findings in making his decision.

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 settles the dispute, determines the party who must pay the expert fees definitively. These costs are included in the costs, that is to say, in the costs associated with the legal proceedings.

If one of the parties encounters difficulties during the expert examination (very long period, failure to provide documents, etc.), the judge may be informed.

The judge who appointed the expert or the judge responsible for reviewing the expert's report shall ask the expert and the party concerned for explanations.

In the event of a problem with the communication of documents by a party, the expert may inform the judge. The court may require the party to produce such documents, if necessary under penalty payment.

If the expert is unable to continue the mission (for example due to health problems), the judge may appoint another expert to continue the mission.