Comments on the Decree No. 2012-1451 of 24 December 2012 relating to the expertise and investigating cases in the ordinary courts.
The decree finally aligns on all national courts practices already in place in the major courts, namely:
- Creation of the office of judge in charge of control.
- Obligation for the expert to ask the judge an additional provision when the original provision and additional provisions have become inadequate.
- When filing the report, the expert must simultaneously apply for compensation which he must send a copy to parties who have a period of 15 days to submit their observations.
Good practices already in use in many courts
This in a legitimate concern for good information and transparency.
Also this decree specifies important points for experts:
The appointment of a non-registered expert on a list of experts must be justified. The criteria for non inscription on the lists of experts are completed.
In conclusion :
The decree will harmonize across jurisdictions the rules of organizations in charge of services of experts and best practices already in use in many courts.
Learn more about Decree No. 2012-1451 of December 24, 2012
Decree No. 2012-1451 of December 24, 2012 on www.legifrance.gouv.fr
Download decree No. 2012-1451 of December 24, 2012
Decree No. 2004-1463 of December 23, 2004 on judicial experts - legifrance
Download decree No. 2012-1451 of December 23, 2004