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…
The expert must inform the judge of the progress of his operations and the diligences by him.
When the judge attends the expert appraisal operations, he may record his findings, the expert’s explanations and the statements of the parties and third parties in minutes; the minutes are signed by the judge.
If the parties fail to do so, the expert will inform the judge, who may order the production of the documents, subject to a fine if necessary, or, if appropriate, authorise the expert to disregard the order or to file his report as it stands. The court may draw any legal conclusions from the expert’s failure to produce the documents.
The expert must take into consideration the observations or claims of the parties, and, where they are in writing, attach them to his opinion if the parties so request. However, where the expert has set the parties a time limit within which to make their observations or claims, he is not obliged to take into account those made after the expiry of that time limit, unless there is a serious…
When the public prosecutor is present at the expert assessment operations, his observations are, at his request, recorded in the expert’s opinion, as well as the follow-up given to them by the expert.
The expert may take the initiative of seeking the opinion of another technician, but only in a specialty distinct from his own.
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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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