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1. Role of the court-appointed expert
The CPC and the CJA allow the judicial and administrative courts to order an expert appraisal in two main situations: before any trial and during the course of proceedings.
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Before any trial, by the interim relief judge :
"If there is a legitimate reason to preserve or establish, prior to any trial, proof of facts on which the outcome of a dispute may depend" (CPC, art. 145) or "to establish without delay the facts which may give rise to a dispute before the court" (CJA, art. R. 531-1).
These are the so-called in futurum investigative measures, which could be called evidence preservation measures, as they aim to preserve, for the future, what could not be the subject of subsequent findings.
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In the course of proceedings,...
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Role of the court-appointed expert
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