The final stage of the forensic examination is the opinion given by the expert, which is sent to the court that appointed the examination. The presented opinion may contain inaccuracies, be biased, incomprehensible for the participants in the trial and the judge. The conclusions of such a conclusion may negatively affect the outcome of the case not in your favor. To get answers to the questions that have arisen, it is necessary to call the expert who conducted the research on the case to the court.
Necessary
Paper, pen, computer, printer, expert opinion
Instructions
Step 1
In accordance with the current Russian laws governing civil, criminal and arbitration procedural spheres, the court has the right to summon an expert to a court session. This procedural action takes place at the initiative of the court or at the request of the persons participating in the case. The expert is obliged to appear in court and give explanations and answers to the questions raised.
Step 2
Do not expect that the court will necessarily invite an expert to a meeting to discuss the opinion he has presented. By virtue of the law, the expert's opinion is optional for the court and is assessed, like other evidence, according to the rules established by the procedural codes.
Step 3
Use the rights of a participant in the trial. Persons participating in civil, criminal or arbitration proceedings are entitled to familiarize themselves with the materials of the case. The expert opinion in any case is attached to the case file. In advance of the court session, make the necessary extracts, copy or shoot the conclusion on the camera.
Step 4
Work through the document and identify moments that raise doubts that the opinion presented to the court is objective and reliable. On the eve of the court session, clearly formulate the questions and prepare irrefutable facts from which it will be clear that summoning an expert to the court is necessary to obtain comprehensive and full explanations of the doubts that have arisen.
Step 5
At the beginning or during the hearing, present the court with weighty arguments that the conclusions of the expert opinion are contradictory and unfounded. Convince the judge that the expert's explanations and additions on the opinion will help to correctly assess it and apply this evidence for a fair resolution of the dispute. File a verbal or written request to summon the expert to court.
