Do you have an expert opinion that supports your claim, but the other party still refuses to comply? We will assess whether you have sufficient evidence for a successful lawsuit, propose the next steps, and, if necessary, file a lawsuit and represent you in court.
Who is a court-appointed expert?
A court-appointed expert (or simply “expert”) is not a court employee, as one might assume at first glance. An expert is a specialist in a particular field who is licensed to provide expert opinions in a specific discipline, industry, or specialty and may be called upon to prepare an expert opinion.
Court-appointed experts play an important role not only in legal proceedings but also in everyday life. If you need an expert opinion—for example, when buying or selling real estate—it’s worth seeking out a court-appointed expert in the field of construction who can assess the technical condition of the property. In the case of a car, an expert with the appropriate certification can assist you; depending on the nature of the assignment, they can assess, for example, the vehicle’s technical condition or value.
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The authorization to perform expert witness services arisesupon registration inthe list of court-appointed experts, where individual experts are registered for specific fields, sectors, and specializations, and which is maintained by the Ministry of Justice. The register of court-appointed experts is public and makes it easy to determine whether a given expert meets the required qualifications. An expert’s status always relates to the scope of their authorization; if an expert performs an expert assessment in a field, sector, or specialization in which they are not registered, they will not be considered an expert for the purposes of that assessment. Expert opinions may also be requested from expert firms orexpert institutes. If no registered expert is available for a particular field,a person not listed in the register of experts may be appointedon a one-time basis.
The services of an expert are typically requested by a court when an expert opinion is necessary to assess a case, and an expert statement from a public authority or a person possessing the necessary professional qualifications is insufficient. In the media, we most often encounter experts in the fields of psychology, psychiatry, or sexology, particularly during investigations of various violent crimes, when it is necessary to examine the perpetrator in this regard or to determine whether treatment or secure detention has served its purpose.Experts in the fields of criminology and forensic sciencealso appear in criminal proceedings.
When is an expert opinion needed?
However, it is not only criminals who come into contact with court-appointed experts. On the contrary, it is precisely in everyday life that it pays to make use of their services. You certainly won’t go wrong by contacting one when selling or buying real estate. This is especially true when buying a home, where obtaining an expert opinion is highly advisable for several reasons.
An expert appraisal examines the property in greater depth than a market estimate. An appraisal by a court-appointed expert will examine the technical condition in greater detail, which is certainly desirable, especially for older properties.
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Selling an older home has its own unique challenges. One of them is the recommended use of an appraiser’s services. You can read about the others in our article.
An Example from Our Law Practice
An expert opinion can also be useful in disputes where the outcome depends on a correct assessment of a person’s health condition. For example, we handled a case involving a client whose claim for continued sick pay was denied by the Czech Social Security Administration (ČSSZ) after the support period had expired. The client challenged the decision but was unsuccessful even in the appeals process. She was convinced, however, that the assessment did not sufficiently take into account her long-term orthopedic problems and her current state of health.
We took over her representation and thoroughly reviewed the ČSSZ’s decision, medical reports, and other medical documentation. At the same time, we recommended that the client have her condition independently assessed by an expert specializing in orthopedics. The expert opinion described the severity of her medical condition and highlighted facts that the previous assessment had not sufficiently taken into account.
Based on this evidence, we prepared and filed an administrative complaint. In it, we primarily argued that the decision was based on an inadequately assessed medical condition and that the conclusions on which the Czech Social Security Administration (ČSSZ) based its rejection of the application were not sufficiently convincing in light of the available medical documentation.
The court overturned the ČSSZ’s decision and remanded the case for a new hearing. In the subsequent proceedings, the client’s medical condition was reassessed, taking into account additional expert documentation, and she was subsequently paid the sick pay owed for the disputed period.
Use an Expert Opinion to Support Your Claim
Another typical example is a rejected warranty claim. You file a claim for expensive shoes that fell apart after six months, but the seller rejects your claim, arguing that you used the product improperly. If you’re truly certain that the fault isn’t on your part, it’s worth contacting a court-appointed expert. They will prepare an expert opinion that confirms (or refutes) your position. You’ll have to pay for it, but if the report is in your favor, it can serve as evidence that your claim was unjustly denied.
When it comes to a health problem caused by a defective product, a forensic expert in the field of healthcare will be helpful in assisting you to establish a causal link.
If the expert confirms your version of events, you can use their report as evidence. Finding a suitable expert is made easier by the list of court-appointed experts, where you can easily find experts by specialization and location.
Sometimes, however, even this approach is not enough to succeed, and you will have no choice but to go to court. If you prevail in the dispute, the court may award you reimbursement for reasonable litigation costs, which may also include the cost of the necessary expert opinion. However, the extent of reimbursement depends primarily on your success in the proceedings and the court’s assessment. Theoretically, this approach can be worthwhile even for a product costing a few hundred, but you should still consider whether the investment is worth it.
If you are unsure whether an expert opinion and other evidence provide sufficient support for your claim, we can assess your case before proceedings begin. We will evaluate your chances of success, propose an appropriate course of action, and, if necessary, file a lawsuit and represent you in court.
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If your valid complaint was rejected, stand your ground. Be sure to check out the other tips we’ve put together for you on this topic.
If you’re looking for an expert in a specific field, start by checking the list of experts on the Ministry of Justice’s website. Simply select the relevant field and the region where you’re looking for an expert. You’ll then be taken directly to the expert’s name and contact information.
If you’re uncomfortable discussing the details of your private life—such as the value of real estate—with a stranger, you can rest assured. Experts are bound by a duty of confidentiality in the performance of their duties. Should they act negligently in the course of their work, they are liable for any resulting damages.
How does a court-appointed expert work?
Court-appointed experts provide their services based on professional certification. They must be registered in the registry of court-appointed experts, and their certification applies to specific fields.
If a court or other public authority requests that an expert prepare an expert opinion, the expert is obligated to do so, with certain exceptions.
Cost of an Expert Opinion: How Much Does a Court-Appointed Expert Cost?
For performing expert services, an expert is entitled to an expert fee, which includes compensation, reimbursement of out-of-pocket expenses, and compensation for lost time, including time spent traveling. If the fee is not contractually agreed upon, the expert’s hourly rate, pursuant to the decree, ranges from 800 to 1,000 CZK for each hour of work effectively performed, depending on the technical complexity of the expert task. In the case of a private client, a contractual fee may be agreed upon; however, it must be agreed in writing before the expert work begins and must not be contingent on the outcome of the work. The expert should work independently, but may engage a consultant in justified cases. If there is a suspicion of bias on the part of the expert that is subsequently confirmed, the court or other public authority should decide to recuse the expert.
If it turns out that the expert provided false information and the expert opinion was distorted, the expert naturally faces penalties. A notorious example in this regard was the Kramný case, in which not only was the murderer himself convicted, but the court-appointed experts were later also sentenced to prison terms with a two-year suspended sentence and a five-year ban on practicing their profession. According to the court, they were guilty of perjury and providing a false expert opinion.
How to Choose the Right Expert?
If you are looking for an expert witness, we recommend starting on the Ministry of Justice’s website, where you will find a list of court-appointed expert witnesses organized by field and region. If you need a court-appointed expert in the field of healthcare, focus on specialists who have experience in a specific medical field. For technical or construction assessments, contact a court-appointed expert in the field of construction.
Whether you’re handling a complaint, a legal dispute, or a real estate purchase—an expert opinion from a qualified expert can significantly help you assert your rights.
How to Become a Court-Appointed Expert?
If you’re interested in becoming a court-appointed expert, it’s not enough to simply be an experienced professional in your field. An expert must meet the conditions set forth by law and obtain authorization for a specific field, sector, and, if applicable, a specialization.
The foundation is appropriate professional education and experience. The law generally requires at least five years of active professional experience in the given field. The applicant must also have full legal capacity, a clean criminal record, and meet other requirements for professional competence. For some fields, it may also be necessary to provide proof of additional specialized education, certification, membership, or authorization in accordance with specific regulations.
An important part of the process is the expert’s entrance exam. It consists of a general and a specialized section. The general section primarily assesses knowledge of the rules governing expert activities, the fundamentals of judicial and administrative proceedings, and the requirements for an expert opinion. The specialized section focuses on the candidate’s professional knowledge and their ability to prepare an expert opinion in the given field.
After fulfilling all legal requirements and taking the expert’s oath, the Ministry of Justice registers the expert in the public register of experts. Only upon registration in this list does the authorization to perform expert activities take effect. The expert may then prepare expert reports only within the scope of the field, sector, and, where applicable, specialization for which they are authorized.
Summary
You can utilize the services of a court-appointed expert not only in legal proceedings but also in everyday life, such as when filing a complaint about defective goods, purchasing real estate, or determining the technical condition of a vehicle. A court-appointed expert, who is a specialist in a specific field, can prepare an expert opinion that serves as evidence in disputes. Their work is governed by rules established by law, including requirements for expert authorization, professional diligence, independence, impartiality, and confidentiality. Experts may also be appointed on an ad hoc basis if there is no registered expert in a particular field. The costs of an expert’s services, including fees and expenses, are generally paid by the person who engaged the expert; however, these costs may be reimbursed in the event of a successful legal proceeding. The search for a suitable expert is facilitated by the public list of court-appointed experts maintained by the Ministry of Justice.
Frequently Asked Questions
How much does a court-appointed expert cost?
The price depends on the field, complexity, and scope of the assessment. For private commissions, it is usually agreed upon in advance.
Where can I find a list of court-appointed experts?
In the Ministry of Justice’s public directory. You can search by field, specialty, and location.
How long is an expert opinion valid?
The law does not specify a uniform period of validity. It depends on the purpose of the assessment and whether the relevant facts have changed in the meantime.
Who pays for the court-appointed expert?
In a private engagement, the client pays the expert. In court proceedings, the court may decide on the reimbursement of costs based on the outcome of the dispute.
Does a private expert opinion carry the same weight in court as an expert opinion commissioned by the court?
If it meets the legal requirements, it may be admitted as evidence in the same way as an expert opinion requested by the court.
What is the difference between an expert witness and an appraiser?
An expert holds a legal license to provide expert opinions and prepares expert reports. An appraiser, on the other hand, typically prepares market valuations, for example.
Is it possible to challenge an incorrect expert opinion?
Yes. It is possible to challenge the expert’s errors, omissions, or bias and, if necessary, request another expert evaluation.