Expertise in the hearing shall be appointed at the request of the parties or on the initiative of the court.
examination appointment shall be defined the requirements for the content of which is established by the civil procedural legislation.
At a resolution of litigation may arisespecific questions, the answers to which require professional knowledge in various fields. Without such information it is impossible to adopt a legal, well-founded decision on the case, the court itself does not possess such knowledge. That is why Article 79 of the Civil Procedure Code prescribes in such cases an expertise. Carrying out such examination should be entrusted to a specific expert, the expert organization, a group of experts. The initiative for the appointment of such a procedure may make any party involved in the case. Also, the court can decide the question of the necessity of its holding, if there is a need to use professional knowledge and skills.
How to arrange the appointment of expertise
If you installed in a court sessionthe need for an expert examination to detect certain circumstances, the court invites the parties to submit a list of questions that will be posed to the expert. The final version of said list determines the court itself, after considering the proposals of the parties, but the deviation of certain issues he has to motivate. In this case the plaintiff, the defendant can ask the court to appoint a particular expert, the expert organization have other rights set out in Part 2 of Article 79 of the Civil Procedure Code. After the establishment of a range of issues matching a nominee on the court issue a ruling on the expert assessment, the content of which is regulated by Article 80 of the Civil Procedural Code of the Russian Federation.
What happens after the production of the expert opinion
After the examination of the part assignedacquainted with the expert's conclusion, a copy of the document is placed in the materials of a civil case and evaluated along with other evidence. If a party does not satisfy the content of opinions, there are additional significant issues, it may request the court to re-commission, or additional due diligence. This petition will be granted by the court only if there is good reason. Sometimes in the course of the examination requires the participation of the parties who are required to submit certain documents, materials expert. In case of evasion of the participants of such assistance, the court may admit the facts, to determine who is appointed expert established or refuted.