The expert and the preparation of the expert report

Theactivity of the Technical Adviser of the Office, regulated by the Code of Civil Procedure, is often critical to the resolution of a civil lawsuit. In fact, the expert, based on his own experience and technical skills, plays a crucial role from a judicial point of view, supporting the judge when he has to rule on issues in which, for obvious reasons, he has no knowledge or skills. The Consultant, therefore, after having acquired the necessary information through inspections and carrying out expert operations, is responsible for carrying out the so-called
Expert report.

The preparation of the expert report: the activity of the expert

The expert report is the culmination of the role of the expert within a process. Specifically, it is the work for which the Consultant fulfills his jurisdictional mandate by answering the questions posed by the Judge, motivating his answers on the basis of theses, technical arguments and clear and irrefutable scientific demonstrations.

The answer to the technical questions can be made orally, but in more complex cases, the Magistrate may request that the report be prepared in written form.

What are the characteristics of an expert report?

The two main features of the relationship are certainly the completeness from the point of view of content and the clarity. Deductions and supporting theses must, on the one hand, be relevant to the questions and be demonstratively effective, but on the other hand, they must be presented in a clear and linear manner to avoid long or long and complex periods. which can affect both. the comprehensibility of the answer than its technical objectivity.

Although there is no normative rule that determines the structure of the expert report, in order to achieve the objectives of completeness and clarity, it is common practice, during the drafting phase, to divide the report into four parts:
introducers, descriptive, evaluation I
concluding.

What is the content of the expert report?

Per prepare an expert report impeccable, each of the four parts mentioned above must have specific contents that we will list below:

  • there introductory part It aims to “present” and summarize the essence of the activity of the CTU in a given process. Accordingly, it must contain the general aspects of the procedure and all the data relating to the operations carried out by the CTU;
  • there descriptive partalso often referred to as the “narrative part”, it contains the subject of expert operations, or the acts and investigations carried out by the consultant;
  • there evaluative part in which the consultant sets out all the elements, reasoning and deductions duly justified, which led him to formulate his thesis;
  • there final partwhich contains the real answer of the expert to the question posed by the judge.

In addition to the description of the activity carried out by the expert and the reasoning that led him to formulate the answer, however, an expert report must also contain elements and documentary annexes of a more judicial nature. We have summarized the main ones in the following table:

Content

Description

Ordinances and Hearings

Hearing with which the magistrate has assigned the task to the CTU and other subsequent orders or hearings

Appointment of any CTP

Indication of the terms of appointment and personal data relating to the CTPs designated by the parties.

Notice of commencement of operations

Indication of the date and methods by which the expert communicated the start of the expert operations

Methods of carrying out operations

Summary of how the different sessions of the expert operations have been carried out

Any instance

Indications of any requests for extension of the time limit for submission, petitions submitted by the CTU to the judge, petitions and observations of the parties

Expert documents

Indication of the documents used in carrying out the operations

Reservation limit and mandate

The limits and reservations for the execution of the mandate are reported.

We reiterate that the actual content changes depending on the type of question raised but, in any case, an incomplete, irregular or omitted report will be considered null and void by the judge, leading to a renewal of the advice and, in the most serious cases. , the replacement of the consultant. .

Report of experts and activities of the CTU: in conclusion

In order to prepare an expert report correctly and, more generally, to carry out the activity of an expert effectively, the specific technical knowledge of the sector of origin itself, although fundamental, is not sufficient. To be valid, the report must respect the dictates of the civil process, so professionals who aspire to cover the role of expert must have knowledge and technical-legal skills. An effective way to achieve this is to attend to those who attend training courses for expertswith programs inspired by the cardinal principles of the civil process.

Attendance at these training courses can fill any gaps and provide the necessary preparation to carry out theregistration in the register of experts held in court.

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