Examinations in the court session are appointed on the basis of the request of the parties or on the initiative of the court.
Appointment of the examination is formalized by a definition, the requirements for the content of which are established by the civil procedural legislation.
When resolving a litigation,Certain questions, the answers to which require professional knowledge in various fields. Without such information it is impossible to take a legitimate, informed decision on the case, the court itself does not possess such knowledge. That is why article 79 of the Code of Civil Procedure of the Russian Federation prescribes the appointment of experts in these cases. Such expertise should be entrusted to a specific expert, expert organization, a group of experts. Any party involved in the case may initiate the appointment of such a procedure. Also, the court can independently decide the need for it if there is a need to use professional knowledge and skills.
How to design an examination
If the court session was establishedThe need for an expert examination to identify certain circumstances, the court invites the parties to submit a list of questions to be asked by the expert. The final version of this list is determined by the court itself after consideration of the proposals of the parties, however, it must motivate certain issues to be rejected. In this case, the plaintiff, the respondent can petition the court for the appointment of a specific expert, expert organization, have other rights set forth in part 2 of Article 79 of the Civil Procedure Code of the Russian Federation. After establishing the range of issues, agreeing on the expert's candidacy, the court makes a determination on the appointment of an expert examination, the content of which is regulated by Article 80 of the Code of Civil Procedure of the Russian Federation.
What happens after the manufacturing of the expert opinion
After completion of the appointed expertise of the partyGet acquainted with the conclusion of the expert, one copy of this document is placed in the materials of the civil case and is evaluated along with other evidence. If any side does not satisfy the content of the conclusion, additional substantive questions arise, then it may ask the court to appoint a repeated, commission, additional or complex examination. This petition will be satisfied by the court only if there are good reasons. Sometimes in the process of carrying out the examination, participation of the parties is required, which must submit certain documents and materials to the expert. If the participants of the case evade such assistance, the court may recognize the facts for which the examination was appointed, established or disproved.