The Role of the Court Expert: An Auxiliary to Justice
Unlike a party-appointed expert, who is hired by one of the litigants, the court expert is an independent third party appointed by the judge. Our function is not to side with one party or another, but to provide the court with the necessary technical knowledge to make a fair and informed decision.
We act under oath or promise to tell the truth, with an obligation of absolute objectivity and impartiality. Therefore, a well-founded court expert report usually carries decisive weight in dispute resolution.
The Appointment and Action Process
The appointment of a court expert follows the procedures established in the Civil Procedure Law (LEC). The general process is as follows:
- Court Appointment: The court appoints us from official lists in which we are registered, provided by professional associations.
- Position Acceptance: Once notified of the appointment, we formally accept the position and swear to perform it with maximum diligence and impartiality.
- Cost Provision: We study the expert assessment's scope and submit our fee estimate to the court for parties to make the cost provision.
- Technical Investigation: We carry out all necessary actions to resolve the expert assessment points: we study the court file, conduct inspections, take measurements, and perform relevant technical analyses.
- Report Submission: We write the expert report responding clearly and argumentatively to the questions raised by the court and deliver it within the established timeframe.
- Court Ratification: We attend the oral trial or hearing to present, clarify, and defend our conclusions in response to questions from the judge and parties' lawyers.
Why is an Engineering Expert Key in a Court Report?
In complex construction cases, having an expert who is also a Civil Engineer provides superior technical competence. Our deep training in structures, materials, and regulations allows us to analyze problem roots with greater precision and defend our conclusions with the strongest technical arguments, which is especially valuable in court questioning.
Related success cases
" Their appointment as court expert was key. The report was incredibly detailed, objective, and easy to understand, which undoubtedly helped Your Honor comprehend the technical complexity of the case.
Court Clerk
Barcelona Court of First Instance
" We needed an expert from the official list for a complex structural defects case. Their work was impeccable, from cost provision to very solid court testimony. Highly recommended.
Law Firm
Client in Legal Proceedings