Sub-section II: Expertise operations.

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.

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.