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Court Expert System in Germany

Court Expert System in Germany. -Overview-. Who is an Expert?. No definition in German law but defined in jurisprudence Expert is someone who has special detailed knowledge in a certain field of professional expertise Official admission not necessary, but Need to meet certain requirements.

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Court Expert System in Germany

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  1. Court Expert System in Germany -Overview-

  2. Who is an Expert? • No definition in German law but defined in jurisprudence • Expert is someone who has special detailed knowledge in a certain field of professional expertise • Official admission not necessary, but • Need to meet certain requirements

  3. Requirements for Experts • An expert must: • have special expert knowledge in a certain field • be impartial • have integrity and • be diligent • Publicly appointed and sworn in by Chambers of Commerce or other professional association

  4. Written expert opinions • Expert is bound by the „evidence order“ of the court • Structure: • Heading • Task • Matters of fact the opinion is based on • Conclusions, calculations, assessments • Summary of results • Signature, if applicable stamp • Must be comprehensible for the court • Court is not bound to expert findings, but has to comprehend and discuss the contents of the opinion

  5. Experts in Court • Courts may collect evidence on disputed matters of fact through expert opinions • Written or oral, if applicable upon oath • Selection: • Courts should prefere publicly appointed and sworn in experts • If both parties agree on an expert the court is bound by this choice

  6. How can parties challenge an expert (opinion) • Complaint against expert selection • Questioning the expert, demanding additions to the opinion • Application for a decisive expert opinion • Challenge the expert for the suspicion of being biased • Appeal

  7. Expert liability • Court Experts can be held liable by the parties for damages deriving from intentional or grossly negligent false expert opinions • Criminal prosecution theoretically possible

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