Court Expert

Also known as: Expert Witness, Expert Report, Expert Examination, Party Expert Opinion, Bilirkişi

In short

A specialist registered under the Expert Witness Law whose opinion the court seeks on matters requiring special or technical knowledge outside the law.

A court expert is a specialist whose opinion the court seeks on matters requiring special or technical knowledge outside the law (Code of Civil Procedure Arts. 266-287). In commercial cases, expert examination on accounting, valuation, construction, software and industry practice often determines the outcome.

Appointment

Experts are selected from persons registered with the regional boards under Expert Witness Law No. 6754.
The court may not appoint an expert on matters that can be resolved with general or legal knowledge. An expert may not make legal assessments.
The court states clearly the expert’s task, the questions to be answered and the time limit.
The parties may challenge an expert on the grounds for challenging a judge.

Expert Report

The report sets out the matters examined, the examination carried out and a reasoned conclusion. It is served on the parties. Within two weeks of service, the parties may request:

That deficiencies in the report be remedied,
That unclear points be clarified,
That a new expert be appointed.

The court is not bound by the report, but must give reasons if it departs from it.

Party Expert Opinion

The parties may submit a scientific opinion obtained from their own expert. It does not replace the court expert’s report but is an effective way to challenge it. It is especially important in cases requiring company valuation, severance payment or damages calculations.

Related Concepts

Expert examination before filing can be obtained through preservation of evidence. Expert fees are part of litigation costs and are paid from the cost advance. For a party wishing to increase its claim after the expert report, see Amendment of Claim.

Frequently Asked Questions

How long is the period to object to an expert report?

Within two weeks of service of the report, the parties may request that deficiencies be remedied, unclear points be clarified or a new expert be appointed. Objections not raised in time become difficult to raise later.

Can the parties bring their own experts?

The parties may submit a scientific opinion from their own expert (expert opinion), which does not replace the court-appointed expert. The court may hear the expert if it considers it necessary.

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