Title VII: Judicial administration of evidence.

The technician must give his opinion on the points for the examination of which he has been appointed. He may not answer any other questions, unless the parties agree in writing. He must never make legal assessments.

The technician must meet the deadlines set.

The judge cannot give the technician the task of conciliating the parties.

The supervising judge may be present at the technician’s operations. He may ask for explanations and set time limits.

The technician may take oral or written information from any person, provided that their surname, forenames, place of residence and profession are specified, as well as, if applicable, their relationship of kinship or marriage to the parties, subordination to them, collaboration or community of interest with them. Where the appointed technician or the parties request that these persons be heard by the judge, the judge shall proceed to hear them…

The technician may request communication of all documents from the parties and third parties, unless the judge orders otherwise in the event of difficulty.

The technician must disclose in his opinion all information that sheds light on the issues to be examined. He is prohibited from revealing any other information of which he may become aware in the course of carrying out his assignment. He may only report information legitimately gathered.

The judge may always invite the technician to supplement, clarify or explain, either in writing or at the hearing, his findings or conclusions. The technician may at any time ask the judge to hear him. The judge may not, without first obtaining the comments of the technician assigned, extend the technician’s mission or assign a complementary mission to another technician. .

The judge is not bound by the technician’s findings or conclusions.

The technician’s opinion, the disclosure of which would infringe privacy or any other legitimate interest, may not be used outside the proceedings unless authorised by the judge or with the consent of the interested party.