Book I: Provisions common to all courts

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,…

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…