Title VII: Judicial administration of evidence.

The files of the parties or the documents necessary for the expertise are provisionally kept at the court registry, subject to the authorisation given by the judge to the parties who have submitted them to remove certain elements or to have copies delivered to them. The expert may consult them even before accepting his mission. As soon as he accepts his mission, the expert may, against a signature or receipt,…

When appointing the expert or as soon as he is in a position to do so, the judge who orders the expert report or the judge in charge of the review sets the amount of an advance on the expert’s remuneration that is as close as possible to his foreseeable final remuneration. It shall designate the party or parties who must deposit the advance at the court registry within a…

The court clerk invites the parties who are responsible for it, reminding them of the provisions of Article 271, to deposit the advance at the court clerk’s office within the time limit and in the manner specified. He informs the expert of the deposit.

If no deposit is made within the time limit and in the manner specified, the appointment of the expert shall lapse unless the judge, at the request of one of the parties on a legitimate ground, decides to extend the time limit or to relieve the expert of the lapse. The proceedings shall continue unless any consequences are drawn from the failure or refusal to make a deposit.

The decision ordering the expert appraisal may be appealed independently of the judgment on the merits with the authorisation of the first president of the court of appeal if there is a serious and legitimate reason. The party wishing to appeal shall refer the matter to the first president who shall rule in accordance with the accelerated procedure on the merits. The writ of summons must be delivered within one…