How To Challenge An Examination In Court

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How To Challenge An Examination In Court
How To Challenge An Examination In Court

Video: How To Challenge An Examination In Court

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The basis for conducting a forensic examination is a court ruling, a decision of a judge or a person who conducts an inquiry. This examination can be carried out in a state or non-state expert institution, as well as by persons with specialized knowledge. The duty of the court is a complete and comprehensive study of the evidence presented, which includes an expert opinion.

How to challenge an examination in court
How to challenge an examination in court

Instructions

Step 1

Procedural legislation (Art. 55 of the Civil Procedure Code of the Russian Federation) gives both parties to the process the right to challenge the examination in court, along with any evidence that was presented by the opposite party. But the parties are obliged at the same time to prove the circumstances to which they refer as substantiation of their objections.

Step 2

An expert opinion, in accordance with part 3 of article 86 of the Code of Civil Procedure of the Russian Federation, is not required evidence for judicial proceedings. In the event that you doubt the objectivity of the examination, write a request and challenge its results. You have the right to do this when, in your opinion, the conclusion and conclusions drawn in the expert opinion contradict the circumstances of the case.

Step 3

Decide on what grounds you will dispute the result of the examination. This largely depends on the substance of your position on this case, on the circumstances that require proof. The choice of grounds for expressing doubts about the results of the expert's opinion may also depend on the type of research carried out, procedural features and limitations.

Step 4

When challenging the examination in court, you can appeal the very procedure for the appointment and conduct of the examination; actions or inaction of an expert during its production; express doubts about the bias or interest of experts, as well as their qualifications. In addition, your right is to appeal the applicability of those methods and techniques that were used in the production of the examination, their scientific nature, accuracy and general acceptance. You can also dispute and appeal against the assessment given by the court to the conclusions that were set out in the expert opinion.

Step 5

On the basis of the above reasons, you can file a petition for the recusation of an expert or for the recognition of the expert opinion as inadmissible and the appointment of a re-production.

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