Article 259 of the French Code of civil procedure
November 8, 2023
The consultant shall be notified of his assignment by the court registrar, who shall summon him if necessary.
The consultant shall be notified of his assignment by the court registrar, who shall summon him if necessary.
If the consultation is given orally, an official report is drawn up. The drafting of the record may, however, be replaced by a mention in the judgment if the case is immediately decided at last instance. If the consultation is in writing, it is submitted to the court registry. The documents supporting the consultation are attached to the case file. .
Where consultation has been prescribed during deliberation, the judge, following the execution of the measure, shall order the reopening of the proceedings if one of the parties so requests or if he considers it necessary.
The judge shall set the consultant’s remuneration, on proof that the assignment has been completed. He may issue him with a writ of execution.
An expert opinion should only be ordered in cases where findings or consultation would not be sufficient to enlighten the judge.
Only one person shall be appointed as an expert unless the judge deems it necessary to appoint more than one.
The decision ordering the expert opinion: Explains the circumstances that make the expert opinion necessary and, if applicable, the appointment of several experts or the appointment as expert of a person not on one of the lists drawn up pursuant to Article 2 of law no. 71-498 of 29 June 1971 relating to legal experts; Appoints the expert or experts; States the heads of the expert’s mission; Indicates the period…
The decision may also set a date on which the expert and the parties will appear before the judge who issued the decision or before the judge in charge of the review so that the mission and, if applicable, the timetable for the operations can be specified. The documents useful for the expertise are given to the expert at this conference.
As soon as the decision appointing the expert has been handed down, the court registrar will notify him of a copy by any means. The expert shall inform the judge of his acceptance without delay; he must begin the expert appraisal operations as soon as he is informed that the parties have deposited the advance payable by them, or the amount of the first instalment to which the deposit may…
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,…
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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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