Week 7 - Inspection and Expertise

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Questions and Answers

Under what conditions can the court or supervising judge decide to inspect the object of a dispute?

  • Sua sponte or at the request of one of the litigants (correct)
  • Only when there is a unanimous agreement among all concerned
  • Only sua sponte without external requests
  • Only at the request of all litigants involved

If litigants are absent during an inspection, they are not required to be notified beforehand.

False (B)

The court may assign an expert to express their opinion on technical matters required for adjudicating the case from among the civil servants or from among the experts registered in the ______.

Roll of Experts

What must an expert disclose before commencing their task, to avoid potential dismissal?

<p>Any relationship with the parties to the case or any interest he has therein.</p> Signup and view all the answers

What should the court consider when selecting an expert for a case?

<p>The suitability of the expert's technical knowledge and expertise with the subject-matter of the dispute. (D)</p> Signup and view all the answers

If the litigants jointly agree on the selection of experts, the court's approval is not required, streamlining the process.

<p>False (B)</p> Signup and view all the answers

The dispositive part of the decision assigning an expert must include an accurate statement of his task and ______.

<p>powers</p> Signup and view all the answers

If a litigant fails to deposit the expertise fee by the set deadline, what recourse does the opposing litigant have?

<p>The other litigant may deposit the amount without prejudice to his right to have recourse against his opponent.</p> Signup and view all the answers

What is the consequence if an expert fails to disclose a relationship with the parties involved in a case?

<p>The court shall rule his dismissal and the refund of the amounts he has received. (A)</p> Signup and view all the answers

A request for recusal of an expert is automatically accepted if the expert was chosen by the individual making the recusal request.

<p>False (B)</p> Signup and view all the answers

The expert shall be granted a time limit not exceeding (2) two ______ days to reply to the recusal request.

<p>working</p> Signup and view all the answers

What are three specific actions an expert can take in the performance of their task?

<p>1- Hear the statements and remarks of the litigants, 2- Request to hand over books, records, and documents, 3- Inspect facilities, locations and objects.</p> Signup and view all the answers

What action should an expert take if a person refuses, without legal justification, to enable the expert to perform their task?

<p>Refer the matter to the court. (C)</p> Signup and view all the answers

If there are multiple experts, each expert should submit an individual report to ensure a comprehensive analysis of all viewpoints.

<p>False (B)</p> Signup and view all the answers

If the expert does not commence his task without an acceptable excuse, a warning shall be addressed to him no later than (5) five ______ days therefrom.

<p>working</p> Signup and view all the answers

Within how many working days must an expert reply to the litigants' comments and observations on their initial report?

<p>5</p> Signup and view all the answers

What is the maximum fine that can be imposed on an expert who refuses to return the papers and documents received after completing the task without an acceptable excuse?

<p>10,000 dirhams (C)</p> Signup and view all the answers

The court allows litigants to submit new objections to the expert report without any restrictions after the expert deposits it with the court.

<p>False (B)</p> Signup and view all the answers

The expert shall deposit his report in paper or ______ form with the case management office.

<p>electronic</p> Signup and view all the answers

What actions can the court take if shortcomings are found in an expert's work?

<p>Order the expert to complete the shortcomings in his work, correct any deficiencies or errors it has found therein, assign one or more experts to join the previously assigned expert or assign one or more other experts to complete the shortcomings.</p> Signup and view all the answers

Under what condition can the court disregard all or part of the expert's opinion?

<p>If the opinion is not legally binding to the court. (D)</p> Signup and view all the answers

The litigant who wins the claim subject of the expertise shall incur the amount due for the expertise.

<p>False (B)</p> Signup and view all the answers

The court may rely on an expert ______ submitted in another case in lieu of resorting to an expert in the case, without prejudice to the right of the litigants to discuss what is stated in that report.

<p>report</p> Signup and view all the answers

Match the following actions with the responsible entity:

<p>Request inspection of an object of dispute = Litigant Assign an expert = Court Prepare an inspection report = Assigned Expert Notify absent litigants before inspection = Court</p> Signup and view all the answers

In the context of expert assignments and judicial procedures, what does 'sua sponte' refer to?

<p>Sua sponte refers to the court or supervising judge acting on their initiative without external request.</p> Signup and view all the answers

Flashcards

Court Inspection Authority

The court can inspect the object of dispute sua sponte or at litigant's request, specifying date, place, method. They may delegate a judge or assign an expert and must notify absent litigants 24 hours prior.

Requesting Inspection

If someone fears loss of evidence related to a dispute, they can request an inspection, submitting a summary case to the court. The court may then assign an expert for inspection and schedule a hearing for litigants' input.

Expert Assignment

The court can appoint experts from civil servants or a Roll of Experts to provide technical insights needed for adjudication.

Expert Selection Criteria

The selection of an expert considers the suitability of their technical knowledge and expertise in relation to the dispute's subject matter.

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Litigant Expert Agreement

If litigants agree on expert selection, the court typically approves their agreement.

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Expert Assignment Decision Contents

The decision assigning an expert must state the task, powers, report deadline, and hearing schedule.

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Expertise Fee Responsibility

The court determines the expertise fee and sets a payment deadline. Failure to pay may allow the other party to pay, or the court may stay proceedings or forfeit rights.

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Expert Disclosure Obligations

Experts must disclose any relationships or interests with parties involved. Failure to disclose results in dismissal and refund of fees.

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Expert Recusal

Litigants can request expert recusal if impartiality is questionable. Recusal requests are generally not accepted from the party that originally chose the expert.

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Expert Task Actions

Experts hear statements, request documents, and inspect facilities relevant to their task.

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Handling Non-Cooperation

Experts encountering refusal to cooperate should refer to the court, which can enforce cooperation. Experts also report obstacles or scope changes needed.

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Expert Report Components

An expert report includes assigned task, work accomplished, litigant statements, evidence, and technical opinion.

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Multiple Experts Report

If multiple experts are involved, they prepare a single report, noting differing opinions and reasons.

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Consequences of Delay

If an expert delays or fails to start the task, they receive a warning and may be disqualified, requiring a refund. Litigant errors causing delay may incur fines.

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Report Submission Process

Experts submit reports in paper or electronic form, signed. They provide litigants an initial report for comment before final submission.

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Return of Documents

Experts must return received papers within 10 days of completing the task or face fines.

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Court Actions Regarding Experts

The court can summon experts to hearings, allow litigant questioning, and order corrections or assign additional experts.

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Expert Opinion Weight

Litigants may agree to accept the expert report's outcome before a lawsuit, binding the court unless it violates public order. The court isn't bound by the expert's view but must justify any rejection.

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Expertise Fee Payment

The losing litigant pays the expertise fee, unless the loss is proportional, then fees are split accordingly.

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Assign Oral Expertise

The court can assign an expert to give oral testimony on a simple technical issue that does not need extensive work.

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Using Prior Expert Reports

A court may use an expert report from another case, allowing litigants to discuss its contents.

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Study Notes

  • The court or supervising judge can decide to inspect a dispute's object, either on their own or if a litigant requests it.
  • The date, place, and inspection method must be specified in the decision.
  • A judge can be delegated by the court, or an expert can be assigned for inspection.
  • Absent litigants must be notified 24 hours before the inspection.
  • A report must be prepared to show all work relating to the inspection.
  • The court or supervising judge may assign an expert for assistance and hear necessary witnesses.
  • Witnesses can be summoned via a request, even oral, from the clerk.
  • Those fearing loss of a thing's outlines likely to be disputed before the judiciary may request inspection and fact establishment.
  • Submit the request in a summary case to the competent court, as per procedures.
  • If filed, the court may assign an expert to move, inspect, and hear necessary individuals.
  • A hearing must be scheduled to get litigants' observations on the expert's report and work.
  • The court or supervising judge can assign experts from civil servants or those in the Roll of Experts.
  • Experts can express opinions on technical matters to adjudicate the case.
  • An expert's suitability, technical knowledge, and subject matter expertise must be considered.
  • If litigants agree to select experts, the court approves.
  • The decision assigning the expert should include:
    • Task and powers
    • Report deposit date
    • Hearing schedule for examining if deposited
    • Hearing schedule if not deposited
  • The court determines the expertise fee and litigant to deposit it, setting a deadline.
  • If the assigned litigant doesn't deposit the amount by the deadline, the other litigant may without losing recourse against their opponent.
  • If neither litigant deposits, the court may stay proceedings for up to a month until the amount is deposited, especially when adjudication depends on the expert's decision.
  • The court might forfeit a litigant's right to an expert if excuses are unacceptable.
  • Experts must disclose relationships or interests with case parties before starting.
  • Failure to disclose results in dismissal, refund of amounts received, which is final and can't be challenged, alongside disciplinary sanctions and concerned parties' right to claim compensation.
  • Litigants may request the recusal of the expert if there is a reason to believe that he cannot perform his task impartially.
  • Specifically if they are a relative up to the fourth degree, the agent of one of them in his personal affairs
  • Or the guardian of one of them, or if he works for one of the litigants or is in litigation with one of them unless such litigation was brought after the appointment of the expert with intent to recuse him.
  • A recusal request must not be accepted from the person on whose choice the expert was selected, unless the reason for recusal has appeared after the assignment.
  • The expert has two days to reply to the request.
  • The court or supervising judge must decide on the recusal within three days of reply submission or time limit lapse; the judgment is final and unchallengeable.
  • The expert's tasks include the following:
    • Hearing statements
    • Requesting books, records, documents, papers or objects
    • Inspecting facilities, locations and objects
  • No refusal to assist the expert is allowed without legal reason.
  • Refusals are referred to the court, which can require compliance or resort to force.
  • Experts report obstacles that prevent them from pursuing his task, to the court, which then decides.
  • The expert must prepare a report on their work, including:
    • A statement of the assigned task decision
    • The work detail
    • Statements of litigants and others
    • The documents and evidence shown
    • The technical analysis
    • The outcome
    • A technical opinion
    • Accurate rationale
  • If there is more than one expert, a single report must be prepared, and all opinions are to be recorded.
  • If an expert doesn't start or is late without excuse, a warning is issued (5 days from the date).
  • The court can disqualify the expert, order a refund, subject to discipline, and allow affected parties to seek damages.
  • The disqualification decision is final.
  • If the delay resulted from someone on the part of the litigants, it is punishable by a fine between 3,000 and 10,000 dirhams.
  • The expert deposits the report in paper or electronic form.
  • A signed report is mandatory.
  • Litigants get the initial report with a 3-day comment period before the final version.
  • The reply must be received in 5 days by the expert.
  • The final report is submitted to the court and the parties within 3 days of its deposit.
  • The parties may not submit new objections to the expert report after the expert deposits it with the court.
    • Unless those objections are based on evidence that could not appear until after the expert report has been deposited with the court.
  • Experts must return papers and documents within 10 days of task completion.
  • Refusal leads to court order to hand and a fine up to 10,000 dirhams; the ruling is final.
  • The court or supervising judge has certain rights, like summoning the expert to discuss their report and address questions.
  • Courts can allow questioning, assign more experts, order the expert to complete shortcomings, correct deficiencies, or conduct the task again.
  • Litigants can pre-agree to accept the expert report outcome, which the court applies unless against public order.
  • The court isn't bound by the expert's opinion but must state reasons for disregarding it.
  • The losing litigant in the expertise shall incur the amount due.
  • If proportional, each litigant incurs costs relative to their loss, as stated in the court's judgment.
  • Notwithstanding procedure, courts may assign an expert to voice opinions on simple tech matters orally, documented during the hearing.
  • The court may use an expert report from another case if necessary.
  • The litigants retain the right to discuss that report.

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