Article | REF: C69 V2

Judiciary Expertise: Filing a Report and Follow-ups

Author: Bernard-Michel BLOCH

Publication date: November 10, 2022

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2. Powers of the judge in the light of the expert's report

The courts remain sovereign in their assessment of the facts submitted to them, the expert report being only one element among others in the file constituting the dispute to be decided.

2.1 Scope of the expert report

In principle, the courts are not legally bound by the conclusions of the expert reports they order; cf. article 246 of the CPC: "The judge is not bound by the findings or conclusions of the technician". Nevertheless, they are likely to have a major influence on their assessment of the facts. Moreover, before administrative courts, once the expert report has been submitted, article R. 621-9 of the CJA stipulates that "the parties are invited by the court clerk's office to provide their observations within one month", whatever procedural initiatives...

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Powers of the judge in the light of the expert's report