Article | REF: TBA235 V1

Judicial expertise: submission of report and follow-up

Author: Bernard-Michel BLOCH

Publication date: December 10, 2013 | Lire en français

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    2. Powers of the judge in the light of the expert's report

    2.1 Scope of the expert report

    Although the courts are not legally bound by the conclusions of the expert reports they order (see, for example, article 246 of the CPC: "The judge is not bound by the findings or conclusions of the technician"), these are likely to have a preponderant influence on their assessment of the facts. Moreover, before administrative courts, once the expert report has been submitted, article R. 621-9 of the CJA stipulates that "the parties are invited by the court clerk's office to provide their observations within one month", whatever procedural initiatives they may subsequently take.

    However, it must be borne in mind that investigative measures, and in particular those ordered in futurum, are far from automatically entitling the party...

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    Powers of the judge in the light of the expert's report