The need for an examination appears at the moment when the court is considering a civil case and special knowledge in a certain area is required to make a decision.
Who is submitting the application?
A request for an expert examination may be submitted by any party involved in the case, although a decision on this matter is made by the court. It can be filed at that moment of the court session, until the court is removed to the deliberation room.
In the application, it is necessary to formulate questions that the examination must answer in order to correctly resolve the case. The party submitting the petition may propose to the court a specific expert or expert institution for conducting the declared expert examination.
Mandatory court-ordered examination
If there is a court decision on the appointment of an examination, it is binding on the parties involved in the case, as well as the experts entrusted with its conduct.
In the event that either of the parties refuses to take part in this procedure, or fails to provide any documents to the experts, or it is impossible to conduct an examination without the participation of this party, the court has the right to recognize the fact that should have been established during the examination, refuted or established , which is determined by the evading party and the value of the examination for each of the parties.
Payment for the examination
Any request for the appointment of an examination implies that it will be carried out. This procedure requires labor, material resources, time. Therefore, these costs must be reimbursed, and the work of experts paid.
Basically, the payment is made by the party submitting the application. If the other party introduced the questions with the permission of the court, the payment can be distributed proportionally. Sometimes the parties may agree that the payment is undertaken by the opposite party.
If a forensic examination is appointed at the initiative of the court, then the payment of expenses is carried out at the expense of the corresponding budget, depending on the territory in which the court operates.
We make an application
In a court of general jurisdiction, an application for the appointment of a forensic examination may be made orally by one of the parties.
Arbitration recognizes only written statements.
A written request may be submitted to the judge during the meeting through an assistant or through the registry of the court. In its design, a strictly defined form does not exist.
Mandatory details for this application are an indication of the court to which the appeal is going, the case number, the parties to this case, the filing date.
Consider a sample application for an examination. The filling in of this document begins with a request from the court to appoint a procedure with a justification for its necessity.
The statement also indicates independent experts or an expert organization that may conduct such an examination. If this is not specified in the application, the court will independently determine the experts.
Next, you need to formulate the questions that the court must raise before the experts. The application also indicates documents, materials, goods, things that need to be investigated.
Medical Examination
She is one of the types of expertise appointed by the court. For its implementation, the application shall indicate the reason for the appointment of this type of verification. This may be, for example, moral suffering, which is confirmed by one of the parties with a medical certificate, but in order to prove it, they need to conduct such an examination.
The petition may raise questions about the compliance of the certificate with the approved documents, the symptoms of the certificate for certain circumstances, the state of health of the diagnosis specified in the certificate.
Also, a medical examination may be appointed upon the death of a person from inappropriate medical care. Moreover, the following questions may be raised in the application:
- what diseases the deceased had,
- what diseases were detected upon admission to the hospital,
- whether all studies for the correct diagnosis have been carried out,
- whether all medical standards have been met.
The question may be raised about the cause of death and the possibility of its prevention in a hospital, about the relationship between the assistance provided and death.
Expertise in construction
This type is called construction and technical expertise. During its implementation, actions are taken that allow determining the compliance of the construction project with the project, estimates and standards established by national standards, Construction Norms and Regulations and codes of rules.
Such an examination may be carried out in case of disagreement regarding the classification of real estate as residential or non-residential, determination of depreciation of building structures, preparation of a consolidated estimate, comparison of the project with the use of the building, when deciding on the suitability of the premises for living or unsuitability for any activity, recognition as emergency, subject to demolition and etc.
Construction and technical expertise may be carried out in relation to the object of completed construction, construction in progress, design, calculations and estimates, communications and utilities.
During the examination, the state of the construction object is established, to which existing defects can lead, and compliance with the estimate and the project is evaluated.
Handwriting Expertise
In some court hearings, the question may arise about the authenticity of the signature of a certain person on a particular document. In the case of an initiative coming from the parties to the case, a request for the appointment of a handwriting examination is filed.
The latter is carried out in cases of relationships at work, on inheritance, in disputes under contracts.
Handwriting examination allows you to find out whether the signature belongs to a particular person, in what condition the person was, what was the position of the body when preparing this document. Experts are able to evaluate whether a man or woman wrote a document, their age. With the permissible error, the time of writing the document is determined.
In the case of a request for the appointment of an examination of this kind, the application must list the documents presented for examination.
Qualitative conduct of the procedure is ensured by providing the commission with three handwritings:
- free, present in ordinary human life;
- conditionally free, executed during the meeting, but not as part of the study;
- experimental, performed by a person with an expert by a court decision.
The Code of Civil Procedure determines that the opinion of experts is not decisive for the court, but the latter takes it into account.
Reexamination
If the court doubts the correctness of the previously assigned examination, a similar procedure may be initiated. In addition, a request for a re-examination may be made in case of disagreement between experts if there are several of them. This type of examination is regulated by Art. 87 Code of Civil Procedure of the Russian Federation.
The application indicates what causes it to be carried out or contradictions between experts are listed. The repeated procedure is carried out on those issues that were posed during the initial examination.
The court may order the holding in the following cases:
- if there is a significant cost difference between the submitted documents and the merchandising assessment ;
- if there are contradictions between the oral explanations of the expert and his written conclusions;
- if the expert does not take into account some circumstances that could have significant significance;
- when the procedure for the examination is violated;
- if the object of research by the expert was not inspected at all.
Finally
Thus, a request for an expert examination may be submitted by the parties in any civil proceeding. The court can make a decision on its own, without statements from the warring parties. However, if such a decision is made by the court, the examination is paid at the expense of the corresponding budget, while at the request of one of the parties, payment can be made either by this party or distributed proportionally between the parties.
An examination is carried out to verify facts that the court cannot establish on its own. There are many types of examinations, the most common of which are construction-technical, medical, and handwriting. If the court doubts the correctness of the examination or discrepancies held by different experts, the court, on the grounds given in the application for the appointment of a forensic examination, may initiate a re-examination.