Civil legal expert examination in Cyprus: Situation
Extract from the final Eurexpertise report
All rights reserved EEEI © 2012
Authors
- Christian EMORINE, Consultant
- Patrice HUVER, Expert
Other administrative order
NO
Neither other administrative order nor specific regulations
Administrative litigation is reserved to the Supreme Court
I. Procedural rules in calling for an expert examination
I. 1) On the initiative of
Judge or litigants
I.2) Mandatory expert examinations
UNSPECIFIED
I. 3) Decision-maker
The judge
I.4) Is a pre-trial expert examination possible ?
UNSPECIFIED
II. Choice and appointment of the expert(s)
II. 1) Register
UNSPECIFIED
II. 2) Oath
UNSPECIFIED
II. 3) Choice of the Expert
UNSPECIFIED
II. 4) Participation by the parties in the appointment process
YES
II. 5) Nationality
UNSPECIFIED
II. 6) Recusal by the litigant parties
YES
II. 7) Expert’s withdrawal (refusal of a mission)
UNSPECIFIED
II. 8) Possibility of adding another expert
UNSPECIFIED
II. 9) Possibility of being assisted by a colleague
UNSPECIFIED
III. Definition of the expert’s mission
III. 1) Who determines the mission ?
UNSPECIFIED
III. 2) Type of mission
UNSPECIFIED
IV. Progress of the expert’s mission
IV. 1) Judge supervision
NO
IV. 2) Form of contradictory procedure
UNSPECIFIED
IV. 3) Participation in the hearing
On request
V. Close of the expert examination
V. 1) Does conciliation put an end to the expert’s mission ?
UNSPECIFIED
V. 2) Form imposed on the report
NO
V. 3) Does the report put an end to the expert’s mission ?
NO
V. 4) Is there an imposed structure for the report ?
UNSPECIFIED
V. 5) Is a preliminary report mandatory ?
UNSPECIFIED
V. 6) Is the judge bound by the expert’s conclusions ?
NO
V. 7) Possibility of a second opinion
UNSPECIFIED
VI. Funding for the expert examination
VI. 1) Security-Payment
UNSPECIFIED
VI. 2) Determining the amount of payment due
UNSPECIFIED
VI. 3) Possibility of additional payment
UNSPECIFIED
VI. 4) Determining fees and costs
By the litigants, but there is a legal limit to the fees if they are to be paid by the unsuccessful litigant.
VI. 5) Possibility of contesting the fees
YES
VII. Expert liability within proceedings
VII. 1) Are there any laws governing expert examinations ?
YES : Professionalism and impartiality.
VII. 2) Expert liability
NO
VII. 3) Mandatory insurance for the expert
UNSPECIFIED
VIII. The expert’s status
VIII. 1) Existence of selection criteria (accreditation)
NO
VIII. 2) Classification of skills
NO
VIII. 3) Required qualifications
NO
VIII. 4) Grant of accreditation
No accreditation
VIII. 5) Possibility of accrediting a legal person
YES, possibility to appoint a legal person
VIII. 6) f) Validity period for the accreditation
No accreditation
VIII. 7) Regular assessment tests
UNSPECIFIED
VIII. 8) Supervision of the expert’s mission
UNSPECIFIED
VIII. 9) Expert’s activity report
UNSPECIFIED
VIII. 10) Code of ethics
NO
VIII. 11) Good practice
No, no code of good practice
VIII. 12) Possibility of penalties
NO
VIII. 13) Laws governing the expert’s status
YES
The expert is simply a witness (Code of Justice, Art. 48).
IX. Bibliography
Useful links:
- Institutional website
www.supremecourt.gov.cy : Supreme Court of Cyprus