Court-appointed expert

Legal meaning

The subject and the questions of the expert examination must be clearly defined by the court. The report must show the methods used, the documents examined, the calculations and the conclusion reached in a verifiable manner. A report that merely states a conclusion, or that exceeds the limits of the expert’s task and makes a legal assessment, should not be regarded as sufficient.

The parties may request an explanation, an objection, a supplementary report or a new expert examination against the report. It is important that these requests are submitted within the statutory period and by pointing out concrete technical contradictions and deficiencies. The judge is not bound by the expert’s opinion.

This explanation concerns expert examination in civil proceedings. Under Article 281 of the Code of Civil Procedure (HMK), within two weeks from the notification of the report, it may be requested that missing points be completed, uncertainties be clarified or a new expert be appointed. If preparing the request is very difficult or impossible, or if it requires special or technical work, an additional period of at most two weeks, granted once only, may be given, provided that the application is made within the first two-week period. An expert opinion obtained by a party, on the other hand, falls under HMK Article 293; it is not the same procedure as a report by an expert appointed by the court.

Key elements and practical criteria

• An expert is appointed only on a matter requiring special or technical knowledge.
• An expert cannot be consulted on a legal question.
• The report must be reasoned and verifiable.
• The parties have the right to object to the report.

Practical importance

In technical disputes, the data source, method, measurement and calculation steps of the report can directly affect the outcome. Not only the conclusion of the report but also its bases and its consistency with the data in the file should be examined.

Commonly confused concepts

• An expert gives a technical opinion; a witness describes a fact he or she has seen or knows.
• A party may obtain an expert opinion; a court-appointed expert, however, is appointed by the court.

Practical example

In a construction defect action, the expert must calculate the nature of the defect and the cost of remedying it in a verifiable manner, explaining the project, the contract, the on-site findings and the technical standards.

Frequently asked questions

Is the expert report binding on the court?

No. The court freely evaluates the report together with the other evidence; however, it must explain its reasons for departing from it.

When objecting to the report, is it enough to say that I do not accept its conclusion?

Generally no. Incomplete examination, a methodological error, a contradiction, incorrect data or an excess of the expert’s task must be made concrete.