THE JUDICIAL EXPERTISE MEASURE
LexInter | November 22, 2006 | 0 Comments

THE JUDICIAL EXPERTISE MEASURE

Judicial expertise is distinguished from amicable or unilateral expertise. A party to a dispute may either before the dispute or during the dispute request an expert whom it pays. This expertise is qualified as unilateral or official. When the parties concerned consult one or more experts, either because of a contractual clause or an agreement in the context of the dispute, we speak of amicable expertise.

Judicial expertise is that, ordered by the judge, in application of the provisions of articles 143 to 174, 232 to 248 and 263 to 284-1 of the new Code of Civil Procedure.

Expertise ordered in application of Article L. 621-8 of the Commercial Code does not fall under the rules of judicial expertise ( Com., November 24, 1998 ; February 16, 1999 ).

Some judgments seem to assimilate unilateral expertise and amicable expertise ( 1 re Civ., April 13, 1999, Bull., I, n ° 134, p. 87; September 24, 2002 , Bull., I, n ° 220, p. . 169).

Judicial expertise is governed by the specific provisions of the new Code of Civil Procedure. Amicable expertise or unilateral expertise does not fall under any specific regime. It constitutes an element of proof which must be subject to contradiction during the legal debate.

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