Court-appointed experts: how appointment works and what the report is worth (LEC)
Party or court expert, appointment by lot and weighing under sound judgement: what every lawyer and affected party should know.
The report's weight depends on its traceability and its defence in court.
Party-appointed and court-appointed experts are not the same
When a technical matter reaches the courts, the figure of the expert appears. But it is worth distinguishing two routes, because their procedural weight and how they are appointed differ.
- Party-appointed expert: hired directly by one of the parties to produce a report filed with the claim or defence. It is the most common route and the one that allows the case to be prepared with time.
- Court-appointed expert: named by the court from an official list, usually by drawing lots, at a party's request or on the court's own motion. The report is perceived as especially impartial because it comes from the court's own appointment.
Both reports are expert evidence under the Spanish Civil Procedure Act (LEC); the difference lies in who appoints and how independence is weighed.
How court appointment works
- The party requests in its pleadings that a court expert be appointed, or the judge orders it.
- The court turns to the lists submitted each year by the professional associations.
- The relevant specialist is appointed by lot.
- The expert accepts the office, swears or promises to act objectively, and issues the report within the deadline.
- At trial, the expert ratifies the report and answers questions from the parties and the judge.
What the report is worth
Expert evidence is weighed under the rules of sound judgement (art. 348 LEC): the judge is not automatically bound by the report, but one that is traceable, grounded in regulations and well defended in court carries decisive weight. That is the key: it is not enough to conclude — you must show how the conclusion was reached so the court can verify it.
What makes a report strong
- Methodology documented at every stage (inspection, testing, analysis).
- Regulatory grounding (CTE, LOE, EHE, Eurocodes) and the lex artis.
- Traceability: dated photographs, measurements, chain of custody of samples.
- The ability to defend it orally under cross-examination.
A report that meets these requirements withstands the opposing party's counter-report.
For lawyers
If you are preparing a claim, involve the expert as early as possible: the choice of tests, the timing of the inspection and the drafting all shape the strength of the evidence. We work regularly with law firms through our collaboration with lawyers and insurers.
Do you need an expert for your proceedings? Contact the firm.
