Article | REF: S8102 V1

Forensic expertise in industrial IT

Author: Édouard PIEGAY

Publication date: December 10, 2004

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1. Principles

1.1 Contradictory

This is the fundamental principle of expert appraisal. It means that all parties are free to express themselves, without prejudice to any liability they may incur in the event of misrepresentation, defamation, etc. It is advisable to present all supporting documents to back up your statements.

This freedom of speech is ipso facto corrected in its effects by the possibility of the other party expressing an opposing opinion, which he or she is bound to do, since there is in essence a conflict.

The court-appointed expert (the "expert") conducts the proceedings. He ensures that the adversarial principle is respected, and that the participants have the opportunity to develop their respective positions. This can sometimes...

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