Frequently asked legal questions about expert reports
Part expert and court expert: differences
Differences between the party expert hired by the client and the court expert appointed by the court, functions and times of intervention.
One of the most frequently asked questions is what the difference is between a party expert and a court-appointed court expert. Both figures are valid and fulfill different functions within a procedure. Understanding the difference helps you decide judiciously, together with your attorney, which option best suits your case.
Party expert
The party expert is the one hired directly by the client (or his lawyer) to prepare a technical report that supports his position in a judicial or extrajudicial procedure. It acts with technical independence, but it is one of the parties who pays its fees and provides the report to the process.
Characteristics of the party expert
- It is hired by the client or his office.
- Prepare the report before or during the procedure.
- It is provided as expert evidence on behalf of the party.
- You can ratify the report in the courtroom and be questioned.
- Your fees are paid by the party that hires you.
Court expert designated
The court expert designated by the court is one that is appointed through the official shift, normally when requested by one of the parties or when the judge deems it necessary to clarify a technical issue.
Characteristics of the designated expert
- He is appointed by the court through the official shift.
- Acts as judicial appointment expert.
- Their fees are governed by legally established criteria.
- The report may have a particular procedural consideration.
Which one to choose
The choice between one or the other depends on the procedure, the procedural moment and the legal strategy. It is a decision that should be evaluated with your lawyer, who will analyze the interest of each option based on your specific case.
Frequent combinations
- Provide a party report and also request judicial appointment.
- Start with an extrajudicial opinion and then decide whether to contribute to the process.
- Hire a party expert to review a report issued by the opposing party.
Technical independence
Although there is a contractual relationship with the client, the party expert works with technical independence. Its function is to provide an objective assessment based on facts, measurements and applicable regulations, not to defend a thesis at any cost. An opinion without rigor loses probative value and harms the client himself.
Consult with your lawyer
All decisions regarding the figure of the expert, the moment of providing the report or the procedural use of the opinion must be coordinated with the lawyer in the case. The expert collaborates in the technical field; The procedural strategy corresponds to the lawyer.
How to continue
For the ordering procedure, please refer to process. You can contact us at contact or review contact channels.
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