How to challenge the examination in court

Procedural legislation (article 55 of the civil Procedure Code of the Russian Federation) provides both parties the right to challenge the examination in court, along with any evidence that was presented to the opposite party. But the parties are obliged to prove those circumstances to which they refer in support of their objections.

Expert opinion according to section 3 of article 86 of the code of civil procedure of the Russian Federation, is not required evidence for proceedings. In that case, when you doubt the objectivity of the examination, write a petition and dispute the results. That you have the right to do when, in your opinion, the conclusion and the conclusions in the expert opinion, contrary to the circumstances of the case.

Determine on what grounds you are going to challenge the result of the examination. This largely depends upon the merits of your position on this court case, the circumstances that require evidence. The choice of a basis for doubt in the results of the expert opinion may also depend on the type of research conducted, the procedural characteristics and limitations.

Challenging examination in court, you can appeal against the order of appointment and examination carrying out; the acts or omissions of the expert in its production; to Express doubts as to the bias or interest of experts and their qualifications. In addition, your right to appeal is the applicability of the methods and techniques that were used in the production of expertise, their scientific precision and notoriety. You can also challenge and appeal against this court's evaluation conclusions, which were set out in the judgment.

Based on the foregoing reasons, you may petition for disqualification of an expert or the recognition of the conclusion of the examination invalid and the appointment of re-production.