Civil proceedings in court are considered quite common. They can be carried out for various reasons. Often during such a meeting, it is required to resort to various examinations, the main purpose of which is to study all the circumstances of a particular case. At the expense of them, various contradictions that exist between the evidence provided by both participants in the process are eliminated.
Based on the study, you can get answers to various questions of the judge, so they are only given an objective decision. There are different types of examinations in the civil process, which depend on what kind of information should be obtained as a result.
Process concept
An examination conducted in a civil proceeding is represented by a study carried out by professional experts. For this, a forensic medical examination bureau is usually involved in Moscow, and participants in the process may also contact other organizations conducting independent research.
The procedure can only be performed by specialists with unique knowledge in various fields, which include medicine, accounting, land law or other areas of activity.
During the procedure, the norms of the Civil Procedure Code are taken into account, therefore, different requirements are imposed on the direct experts and the institutions where they work. Only with their satisfaction can the results be used in court.
Legislative regulation
The basic information about what types of examinations in the civil process can be used, as well as on what conditions they can be carried out, is contained in numerous articles of the Civil Procedure Code.
Additionally, when regulating the process, the provisions of Federal Law No. 73 are taken into account. It is called “On State Forensic Expertise in the Russian Federation”, which describes the rules on the basis of which an examination can be carried out. This law lists all the requirements that must be met by institutions performing these studies.
Process steps
Examination in a civil process involves the implementation of several successive stages. All of them are similar for different types of studies. To do this, the following actions are performed:
- Initially, the initiator, who needs to obtain the results of such a study, must file an appropriate application for an examination in a civil procedure with a court;
- the document indicates what kind of research should be carried out, as well as what circumstances will be studied, which will allow to obtain relevant and reliable information that serves as evidence in court;
- all questions that need to be asked to the expert are determined, and each participant has the right to propose his own question;
- often the court refuses to approve certain issues, but such a decision must be justified in accordance with the requirements of Art. 87 GIC;
- after the final decision is made by the judge, on the basis of which the appointment of the examination is made.
The court forms a determination, which contains information:
- information about the court that issued the act;
- terms during which the examination should be carried out;
- information about all participants in the process;
- lists all the questions posed to the expert;
- information is provided that must be confirmed or disproved by a specialist;
- all documents related to this case are transferred to the selected expert;
- the specialist is warned that he is responsible for issuing an opinion containing false information;
- the procedure is stipulated on the basis of which the services of an invited specialist will be paid.
The initiator of the study must pay for the examination on the basis of Art. 96 GIC. If the second side loses the case, then funds are recovered from it for this process.
What rights and obligations are given to an expert?
Regardless of the type of examination selected in a civil proceeding, it is required to apply for it to special organizations licensed to operate. The study itself should be conducted by an experienced and qualified specialist. An expert becomes a participant in the process, so he acquires certain rights and obligations. All of them are listed in Art. 85 GIC.
The main duties of an expert include:
- acceptance of a specific court order for production;
- study of materials and documents that are sent to the specialist and are relevant to a specific civil case;
- transfer to the court of an opinion, which should be objective, reasonable and detailed;
- finding answers to all questions asked;
- attendance at direct court hearings, if required by the court;
- preservation of all received materials and documents until the end of the hearing, after which they are transferred back to the court;
- if there are objective and compelling reasons for which it is not possible to conduct a study, it is necessary to notify the court about this, and this is usually due to the unsuitability of the materials received or the expert’s lack of necessary knowledge.
Additionally, the expert is vested with certain rights. Based on the Federal Law "On State Forensic Activities in the Russian Federation", a specialist has the right:
- to get acquainted with all case materials;
- request additional documents from the court;
- participate in the process;
- prepare expert opinions;
- submit applications for additional materials.
The expert is not allowed to have personal relations with other participants in the case, as in this case he will have subjective interest.
How is an expert chosen?
Forensic examination in civil proceedings can be carried out both by state organizations and private companies. For this, it is allowed to attract even private specialists with the necessary knowledge and experience.
But at the same time, the expert must meet certain requirements, since only in this case the report compiled by him can be used to prove various facts in the civil process. These requirements include:
- the expert must be an individual with specific knowledge that allows for research;
- a working expert experience is required;
- Only a Russian citizen with appropriate higher education can conduct research, so he must have a diploma of a Russian university;
- there must be evidence that the specialist has been trained in a specific expert specialty;
- there must be a certificate of competence for forensic experts.
Each such specialist is required to undergo special certification every five years. She assumes that the expert is passing a qualification exam. Based on the results, a document is issued. Information from this certificate is entered in a special register of experts. Therefore, only specialists from this list can be involved in conducting various types of examinations in the civil process.
Types of Research
During the civil process, it will be necessary to conduct various types of examinations. To do this, take into account the features of a particular trial.
You can contact both independent experts and a government organization. In Moscow, the forensic medical examination bureau is considered the most demanded.
Primary examination
It is appointed only by the court if there is an urgent need for its implementation. The name is due to the fact that the court turns to a specialist for the first time.
Each side of the process can draw up its own questions to the specialist, if answers to them can be given to them based on existing competence. The court examines these issues in detail, some of which may be rejected if they are not relevant. Then they are transferred to the expert himself.
Commission
The appointment of expertise in a civil process of this kind is carried out according to general rules, but at the same time not one expert is involved, but several experts at once. They should work in one area.
Experts can communicate with each other, and they also prepare a joint conclusion. It is signed by all specialists, after which, on the basis of evidence of law, it is applied to a specific civil case.
Often, the opinions of experts differ, and under such conditions, each of them can draw up its own conclusion in that part where there are differences.
Integrated
This type of research also involves the involvement of several experts, but they must work in different areas. Often, the study is combined with psychiatric expertise in the civil process, which makes it possible to assess the mental state of each participant in the case.
When drawing up a conclusion, all conclusions obtained are summarized on numerous questions asked by the court. Each expert puts his signature on this document.
Additional
Such an examination is appointed if the result of the first study contains inaccuracies or does not answer all important questions. An error may also be detected in the report. Under such conditions, an additional check is assigned. Its main purpose is the elimination of all conflicting information.
An application for an examination in a civil proceeding may be sent to a past expert or a new specialist. This requires the formation by the court of a reasoned determination, which indicates what problems arose with the first conclusion.
Repeated
If participants in the process have doubts that the information contained in the report is correct and reasonable, then a second study may be appointed.
Under such conditions, the expert is asked the same questions, but a new specialist or even several experts is selected for this.
Where is the study conducted?
Examination is carried out only in a special expert institution, where the necessary equipment is available for this.
It is allowed, in certain situations, to travel to the place where the event occurred.
How is the conclusion drawn up?
An expert after conducting a study necessarily draws up a competent opinion. It is intended to prove certain facts or events in the civil process, therefore, it is necessary for specialists to approach its formation responsibly. When compiling this document, the requirements are taken into account:
- only written form is used, although experts may additionally give oral evidence at meetings;
- the document should contain information about the place and time of the study;
- all experts involved in the process are listed;
- the subject of the study is indicated;
- all selected examination methods are reflected;
- in conclusion, there must be answers to all questions posed by the court.
Often during the examination, experts identify additional facts that may be of interest to the court. They are necessarily reflected in the report, which is required by evidence.
Terms of payment for services
Expert services can be paid in various ways:
- directly at the stage when the court makes a decision regarding the purpose of the examination, and it indicates who should pay for the services of the expert;
- even in the absence of prepayment, research should be carried out, after which the necessary amount of funds is deposited into the institution's account.
Payment for the examination in a civil proceeding is made by the person applying for it, but this duty may be shifted to the side of the process that the court loses. The cost of the service depends on various factors, which include the type of examination, implementation period and other criteria. If you apply to government agencies, then standard fixed rates are set by specialists.
Duration
The examination is carried out for a limited period of time, which is established by the court. Additionally, experts may require an increase in this period if it is necessary to identify other circumstances or to study other materials.
The standard study is carried out within two weeks.
Conclusion
In the civil process, participants can resort to various types of examinations. They are carried out only by experienced and qualified professionals.
Appeal to experts is permitted only upon the issuance of an appropriate decision by the court. Each participant in the process can ask their own relevant questions, which the specialist will have to answer. You can turn to both government agencies and private companies for services, but in the latter case, the cost of the study will be high.