Court Expert System in Germany -Overview-

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

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

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

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

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

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