Judicial validity of the expert report

The expert report is one of the means of proof recognized by Spanish procedural law. When it is submitted in court proceedings, it is part of the material that the judge evaluates along with the rest of the evidence to hand down a sentence. This article explains how it is used in different jurisdictional orders.

The expert report as a test medium

In general terms, the expert report fulfills a clear function: to provide the procedure with the technical knowledge that the judge does not have to possess. The judge is an expert in Law, not in construction, mechanics, fires or real estate valuation. That’s where the expert intervenes.

The probative value of the report depends on:

• The technical solvency of the expert.
• The applied methodology.
• The internal coherence of reasoning.
• The solidity of the documentation provided.

A well-constructed report carries weight. A generic or poorly founded report, no.

Use in civil proceedings

It is the most common area for the expert reports. Frequently appears in:

• Claims for hidden defects in home sales.
• Discrepancies due to defective workmanship or building defects.
• Claims to promoter or builder.
• Discrepancies in property valuations in inheritances or divorces.
• Claims to insurers by losses.

In civil proceedings, the report can be provided as evidence at the request of a party (party expert) or be appointed by the court (court expert unsecured). In both cases the methodology is the same, although the interlocutors change.

Use in criminal law

In criminal proceedings, the expert report usually intervenes when there is a technical investigation into the causes of an event:

• Fires with possible intentional or reckless origin.
• Accident reconstruction with victims.
• Property damages whose quantification is relevant.

In this area, court appearance is usually common and the parties’ questions tend to be more exhaustive.

Use in the contentious-administrative proceedings

When the controversy pits a citizen or company against a public administration, the expert report helps to accredit:

• Damage caused by administrative actions.
• Discrepancies in expropriations or cadastral valuations.
• Claims for financial liability of the administration.

In this order, the technical solidity of the report is especially relevant compared to the technical services reports of the administration itself.

Party expert and court expert

It is important to distinguish two figures:

• Party expert: hired by the client or his lawyer. It issues its report with technical independence and is provided as evidence.
• Court expert designated: appointed by the court through insaculation or by mutual agreement between the parties. It issues an impartial report that is also subject to contradiction.

In both cases, professional responsibility and ethics are the same.

Consult with a lawyer

The evidentiary strategy (what is provided, when and how) corresponds to the lawyer. The expert collaborates closely with the legal defense, but does not assume his role. If your matter is in judicial proceedings, it is advisable to coordinate the report with your lawyer from the beginning.

Next steps

If the report will be entered into evidence, also review court appearance to confirm the report. For use outside of court, see extrajudicial validity. If you need to start the order, contact page.