Article 278 of the French Code of civil procedure
November 8, 2023
The expert may take the initiative of seeking the opinion of another technician, but only in a specialty distinct from his own.
The expert may take the initiative of seeking the opinion of another technician, but only in a specialty distinct from his own.
The expert may be assisted in the performance of his mission by the person of his choice, who acts under his control and responsibility.
If the expert encounters difficulties that prevent him from carrying out his mission or if an extension of his mission proves necessary, he will report this to the judge. The judge may, in giving his decision, extend the period within which the expert must give his opinion.
The expert may, on proof of the progress of his operations, be authorised to deduct an advance from the sum deposited if the complexity of the case so requires. In the event of a manifest insufficiency of the advance allocated, in the light of the work done or to be done, the expert shall report this without delay to the judge, who, if necessary, shall order the deposit of an…
If the parties come to an agreement, the expert will note that his mission has become pointless; he will report to the judge. The parties may ask the judge to give enforceability to the deed expressing their agreement.
If the opinion does not require written developments, the judge may authorise the expert to present it orally at the hearing; a record of this shall be drawn up. However, the minutes may be replaced by a mention in the judgment if the case is immediately decided at last instance. In all other cases, the expert must file a report with the court registry. Only one report shall be drawn…
If the judge does not find sufficient clarification in the report, he may hear the expert, the parties present or called.
After the time limit given to the parties by Article 282 to submit their observations, the judge sets the expert’s remuneration in the light, in particular, of the diligence carried out, compliance with the time limits set and the quality of the work provided. The judge authorises the expert to recover the sums deposited with the court registry up to the amount due. It orders, as the case may be,…
If the expert so requests, a copy of the judgment rendered in the light of his opinion shall be sent to him or handed to him by the court clerk.
The verification of private writing falls within the jurisdiction of the court hearing the main action when it is requested incidentally. It falls within the jurisdiction of the court hearing the main action when it is requested as the main action.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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