Article 256 of the French Code of civil procedure
Where a purely technical matter does not require complex investigations, the judge may instruct the person he or she appoints to provide a simple consultation.
Where a purely technical matter does not require complex investigations, the judge may instruct the person he or she appoints to provide a simple consultation.
Consultation may be prescribed at any time, including in conciliation or during deliberation. In the latter case, the parties shall be notified. The consultation shall be presented orally unless the judge prescribes that it be recorded in writing.
The judge who prescribes a consultation shall fix either the date of the hearing at which it is to be presented orally or the time limit within which it is to be lodged. He shall designate the party or parties who will be required to pay the consultant an advance on his remuneration, the amount of which he shall fix.
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…
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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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