Article 246 of the French Code of civil procedure
The judge is not bound by the technician’s findings or conclusions.
The judge is not bound by the technician’s findings or conclusions.
The technician’s opinion, the disclosure of which would infringe privacy or any other legitimate interest, may not be used outside the proceedings unless authorised by the judge or with the consent of the interested party.
The technician is prohibited from receiving directly from a party, in any form whatsoever, any remuneration even by way of reimbursement of disbursements, except by order of the judge.
The judge may instruct the person he appoints to make findings. The person making the findings must not give any opinion on the consequences in fact or in law that may result.
The findings may be prescribed at any time, including in conciliation or during deliberation. In the latter case, the parties shall be notified. The findings shall be recorded in writing unless the judge decides on oral presentation.
The judge who prescribes findings sets the time limit within which the findings will be filed or the date of the hearing at which the findings will be presented orally. He shall designate the party or parties who will be required to make an advance payment to the statement of facts, the amount of which he shall determine.
The reporting officer is notified of his assignment by the court clerk. The reporting officer is notified of his assignment by the court clerk. The reporting officer is notified of his assignment by the court clerk.
The report is submitted to the court registry. An official report is drawn up of the findings presented orally. However, the drafting of the report may be replaced by a mention in the judgment if the case is immediately judged at last instance. The documents supporting the findings are attached to the case file. The documents must be submitted to the court clerk.
Where the findings have been prescribed during deliberations, 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 determine the remuneration of the constatant, on proof of completion of the assignment. He may issue him with a writ of execution.
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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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