When may a court appoint an expert in a case to prove the case?
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The court may appoint an expert when filing a lawsuit to prove the case; that is, in an urgent lawsuit in which the interested party requests an examination of an incident whose features are feared to be lost before it becomes the subject of a legal dispute or during the possibility of such a dispute.
The second paragraph of Article 109 of the Evidence Law states:
In the event that a lawsuit is filed against it, the court may appoint an expert to move, inspect, and hear the statements of whomever it deems necessary to hear his statements. The court must set a session to hear the opponents’ comments on the expert’s report and his actions. It follows the rules stipulated in Chapter (Ten) of this system.”
Accordingly, secondment is permissible if the court deems it necessary to seek the assistance of expertise in transporting and inspecting the scene of the incident or in hearing the statements of those who need to be heard for the purposes of proving the case. The text does not indicate that assignment is a duty in every case to prove a case; it is a discretionary authority for the court.
The examination provisions shall be taken into account in proving the case, as the second paragraph of Article 108 of the Evidence Law states:
The court may appoint an expert to assist it in the inspection, and it may hear any witnesses it deems necessary
If the court decides to delegate, its decision must include, in accordance with the first paragraph of Article 108 of the procedural evidence of the evidentiary law:
“a statement of the expert’s mission, powers, urgent measures he is authorized to take, and the opponent charged with depositing the amount, recorded in the record.”
Conclusion: The court appoints an expert in a case to prove the case whenever the case is filed and finds that the inspection or proof of the incident requires technical expertise, transportation, inspection, or hearing necessary statements. Upon his secondment, the court shall determine his mission and powers, and shall allocate a session to hear the parties’ comments on his report and actions.
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References
- Article 109 of the Evidence Law
- Article 108 of the Evidence Law
- Article 108 of the Procedural Evidence of the Evidence Law
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