Podcast
Questions and Answers
Under what circumstances can a litigant request the recusal of an expert?
Under what circumstances can a litigant request the recusal of an expert?
- If the litigant disagrees with the expert's preliminary findings.
- If the litigant believes the expert cannot perform the task impartially due to a relationship with the opposing party. (correct)
- If the litigant is not satisfied with the expert's level of experience.
- If the expert's fees are deemed too high by the litigant.
The court must always adhere to the opinion provided in the expert's report.
The court must always adhere to the opinion provided in the expert's report.
False (B)
If the litigants agree on selecting an expert, what action must the court take?
If the litigants agree on selecting an expert, what action must the court take?
The court shall approve their agreement.
Before commencing the task, the expert must disclose any relationship with the parties to the case and failing to do so can lead to their ______.
Before commencing the task, the expert must disclose any relationship with the parties to the case and failing to do so can lead to their ______.
Match the actions an expert might take with the circumstances that necessitate them:
Match the actions an expert might take with the circumstances that necessitate them:
What is the minimum notice period required to inform absent litigants of a scheduled inspection?
What is the minimum notice period required to inform absent litigants of a scheduled inspection?
A recusal request can be accepted from the person who initially chose the expert, regardless of when the reason for recusal appears.
A recusal request can be accepted from the person who initially chose the expert, regardless of when the reason for recusal appears.
What should the court consider when selecting an expert for a case?
What should the court consider when selecting an expert for a case?
If the assigned litigant fails to deposit the expertise fee by the deadline, the other litigant may deposit the amount without ______ to their right of recourse against their opponent.
If the assigned litigant fails to deposit the expertise fee by the deadline, the other litigant may deposit the amount without ______ to their right of recourse against their opponent.
What actions can the court take if neither of the litigants deposits the required amount for the expertise fee?
What actions can the court take if neither of the litigants deposits the required amount for the expertise fee?
The court cannot impose a fine on a litigant if a delay in the expert's task is due to the litigant's error.
The court cannot impose a fine on a litigant if a delay in the expert's task is due to the litigant's error.
Within how many days of completing the task should the expert return the papers and documents received?
Within how many days of completing the task should the expert return the papers and documents received?
The court may assign an expert to express his opinion ______ on a simple technical issue that does not require lengthy or complex work.
The court may assign an expert to express his opinion ______ on a simple technical issue that does not require lengthy or complex work.
What must the dispositive part of the decision assigning the expert include?
What must the dispositive part of the decision assigning the expert include?
If there are multiple experts, each expert should prepare an individual report that reflects their unique opinions.
If there are multiple experts, each expert should prepare an individual report that reflects their unique opinions.
What is the maximum non-extendable period the court may stay proceedings if neither litigant deposits the amount for the expert’s fee?
What is the maximum non-extendable period the court may stay proceedings if neither litigant deposits the amount for the expert’s fee?
After the expert deposits the report with the court, the parties may not submit new objections unless they are grounded in evidence that could not appear until ______.
After the expert deposits the report with the court, the parties may not submit new objections unless they are grounded in evidence that could not appear until ______.
If an expert does not commence their task without an acceptable excuse, a warning should be addressed to them no later than how many working days thereafter?
If an expert does not commence their task without an acceptable excuse, a warning should be addressed to them no later than how many working days thereafter?
The court can request the refusing party to enable the expert to perform their task, resorting to force if needed.
The court can request the refusing party to enable the expert to perform their task, resorting to force if needed.
How many working days does an expert have to reply to a recusal request submitted against them?
How many working days does an expert have to reply to a recusal request submitted against them?
A litigant who loses the claim subject of the expertise will incur the amount due for the expertise, unless the loss is ______.
A litigant who loses the claim subject of the expertise will incur the amount due for the expertise, unless the loss is ______.
What is included in the expert’s report on their work?
What is included in the expert’s report on their work?
According to the provided material, the litigants are not allowed to question the expert.
According to the provided material, the litigants are not allowed to question the expert.
The expert is responsible for reporting to whom if they face an obstacle they can not overcome?
The expert is responsible for reporting to whom if they face an obstacle they can not overcome?
The dispositive portion of the decision assigning the expert contains not only their roles, but also the due date for the report, as well as plans for a ______ to examine the report upon submission.
The dispositive portion of the decision assigning the expert contains not only their roles, but also the due date for the report, as well as plans for a ______ to examine the report upon submission.
Flashcards
Court Inspection Authority
Court Inspection Authority
The court can inspect the object of dispute on its own or at a litigant's request, specifying date, place, and method.
Request for inspection
Request for inspection
If someone fears losing evidence related to a dispute, they can request an inspection to establish facts, submitted as a summary case.
Expert selection criteria
Expert selection criteria
The court selects experts based on their technical knowledge relevant to the dispute's subject matter.
Expert assignment details
Expert assignment details
Signup and view all the flashcards
Expert Conflict of Interest Disclosure
Expert Conflict of Interest Disclosure
Signup and view all the flashcards
Expert's duties
Expert's duties
Signup and view all the flashcards
Obligation to facilitate the expert
Obligation to facilitate the expert
Signup and view all the flashcards
Expert Report Components
Expert Report Components
Signup and view all the flashcards
Consequences of expert delay
Consequences of expert delay
Signup and view all the flashcards
Document return deadline
Document return deadline
Signup and view all the flashcards
Court review of expert reports
Court review of expert reports
Signup and view all the flashcards
Agreement to accept expert report
Agreement to accept expert report
Signup and view all the flashcards
Responsibility for expertise costs
Responsibility for expertise costs
Signup and view all the flashcards
Use of prior expert reports
Use of prior expert reports
Signup and view all the flashcards
Study Notes
- Courts/supervising judges can inspect dispute objects sua sponte or at a litigant's request.
- Inspection decisions need to specify inspection date, place, and method.
- Courts are able to delegate inspection duties to one of its judges or assign an expert.
- Litigants must receive 24 hours' notice before scheduled inspections
- Inspection reports documenting all work must be prepared.
- A court or judge may assign experts or hear witnesses, who are summoned by a request from the clerk.
- If there is a fear of losing data related to a dispute's object, a request can be made to inspect it.
- Inspection requests must be submitted as a summary case.
- Courts may assign experts, inspect, and hear as necessary if summary cases are filed
- Courts will schedule hearings for litigants to give feedback on expert reports.
- The court/judge can assign experts from civil servants or from the Roll of Experts to provide technical opinions.
- An expert's technical knowledge must suit the dispute's subject matter.
- Agreements made by litigants to select experts shall be approved by the court.
- An expert's task, powers, report deposit date, and hearing schedules must be clearly defined.
- Courts must determine expertise fees and set deadlines for payment by the assigned litigant, and the opposing litigant must pay the fees themselves.
- If neither litigant deposits funds, the court can stay proceedings for a month or forfeit expert appointment rights if excuses provided are unacceptable.
- Experts must disclose any relationships or interests with involved parties, or face dismissal and refund.
- Litigants can request expert recusal if impartiality is questionable, especially in cases of familial relation to the fourth degree, being an agent or guardian, or working for a litigant unless the litigation was brought after the appointment.
- A recusal request is not accepted from the person who chose the expert unless the reason for recusal appeared post-assignment.
- Experts will have 2 working days to respond to recusal requests.
- The court/judge is to make the decision within 3 working days of the submission of the expert's response.
- The expert must hear litigant statements if authorised, request access to necessary documents/objects, and inspect required facilities.
- No person may refuse without legal justification to comply with enabling an expert to perform their task.
- If the expert is being refused, the court may decide what it sees fit, which includes requiring the refusing party to enable the expert, resorting to force if needed.
- Experts must report work obstacles to supervising judges and whether the scope of work needs to be expanded.
- An expert report must include a task statement, accomplishment details, litigant statements, evidence, and technical analysis, along with technical opinions and grounds.
- Experts should prepare a single report in the event of there being more than one expert.
- Differing opinions should be included with reasons if applicable.
- Warnings are to be addressed to an expert no later than 5 working days from if the expert does not commence with their task.
- If the expert does not do the required, the court will disqualify and order refunds without disciplinary sanctions.
- Disqualification decisions are final and not challenged.
- Courts will sentence a litigant to a fine of 3,000-10,000 dirhams or forfeit rights to uphold the decision of the expert assignments if the delay is deemed from an error on one of the litigants' side.
- Experts are to deposit reports in paper or electronic with the case management office.
- The report must be signed; and prior to submission a litigant's copy must be delivered with at least three working days to receive comments.
- Experts will have five days to reply and submit a final report.
- Final reports are to be received within three days from the date of deposit.
- The task of the expert needs to be completed to have papers and documents returned.
- A deadline of 10 days from the date of completing task is set for the documents to be returned.
- Courts may order the return documents and a fine of 10,000 dirhams in the event there are unacceptable excuses for returning.
- The court or supervising judge may summon the expert to discuss a report, allow litigants to question the expert, and order completion of shortcomings.
- The court or supervising judge may complete what the previous expert did, and has the authority to assign one or more experts to assist as well.
- Litigants may agree before filing lawsuits to accept expert report outcomes, which the court will follow unless it violates public order.
- Courts are not bound by expert opinions, and if expert opinions are disregarded, grounds must be indicated.
- Litigants who lose claims are subject to the expertises, in which the losing party must pay.
- In the event of a proportional loss on the litigants' side, each side will incur expertise accordingly.
- Expert judgement will be determined by the judge on the case merits.
- Experts may express opinions on technical issues orally if it does not require lengthy work.
- Hearings in which the experts will present their opinion orally are to be settled by the court or supervising judge.
- The court may be able to rely on an expert report if filed in a previous case.
- This is without prejudice to the rights of the litigants.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
