Judicial expertise refers to the activities that appraisers use science and technology or specialized knowledge to identify and judge the specialized issues involved in litigation and provide expert opinions.
Second, the start of judicial expertise
The party who bears the burden of proof for the matters that need to be appraised may entrust the appraisal conclusion made by the relevant department on its own, but if the other party has enough evidence to refute and apply for re-appraisal, the people's court shall allow it. Therefore, it is suggested that the parties should apply to the court in the course of litigation, that is, within the time limit for giving evidence. With the consent of the people's court, the two parties shall determine an authentication institution with authentication qualification through consultation. If negotiation fails, it shall be designated by the people's court. Avoid the extra expenses caused by self-entrustment.
Three. Time limit of judicial expertise
General simple judicial authentication matters shall be completed within 30 working days from the effective date of the judicial authentication power of attorney. And the complexity should not exceed 60 working days. However, if the judicial authentication institution and the client have otherwise agreed on the time limit for authentication, such agreement shall prevail. In addition, the time required to supplement or re-extract identification materials during the identification process is not included in the identification time limit.
4. What should I do if I have any objection to the conclusion of judicial expertise?
If the parties can prove that there are the following four situations: (1) the appraisal institution or appraiser does not have the relevant appraisal qualifications; (2) The appraisal procedure is seriously illegal; (3) The evidence of the appraisal conclusion is obviously insufficient; (4) Other circumstances that cannot be used as evidence after cross-examination.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 76 A party may apply to a people's court for an appraisal of the specific circumstances of finding out the facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court. If the parties concerned do not apply for identification, and the people's court considers it necessary to identify specialized issues, it shall entrust a qualified appraiser for identification.
Article 77 An appraiser has the right to know the case materials needed for appraisal, and may ask the parties and witnesses when necessary. The appraiser shall put forward written appraisal opinions and sign or seal the appraisal book.