The profession of court expert shall be defined as a technical work carried out by persons.
Upon the assignment of the judicial authorities to submit their technical or scientific report,
As appropriate, according to the specialization of each.
Court Expert in the UAE
Experience is an investigation procedure entrusted to a technical person (physician, engineer, accountant, banker or other).
Who is assigned a specific task relating to certain facts that require examination and a technical or scientific opinion?
Which is not available to the average person and cannot be accessed by the judge alone.
Court Expert in Dubai And the Conditions of His Registration Before the Judiciary
There are conditions that must be qualified by the court expert.
He must have the academic readiness and scientific expertise in the field of scientific and technical competence.
As the validity of legal capacity and ability to practice experience without a legal obstacle.
The conditions stipulated in the laws must also be available such as eligibility, nationality, degree, professional license, and good reputation.
In exceptional cases, aliens may be appointed to experience posts and that is what most legislation tends to do.
It is not necessary for the expert to enjoy the nationality of the state that he follows.
The expert must also be distinguished by independence, objectivity, honesty, impartiality, and integrity.
Law Regulating Experts in Front of The Courts in the UAE
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, issued a decree of the Council of Ministers No. 6 of 2014 on the executive regulations of Federal Law No. 7 of 2012 regarding the organization of the profession of expertise before the judicial authorities.
According to the decision, only the experts may practice the profession of expertise. Before the judicial authorities in the State, except those who are agreed upon by the litigants in the case.
The court shall approve their agreement or other specialists whom the judicial authorities consider to be of the opinion.
According to the decree, a schedule for the registration of experts in the specialties and specific expertise set forth in the decision will be established in the Department of Technical Experts at the Ministry of Justice.
Experts will be classified in terms of the type and value of the cases by a decision of the Minister of Justice.
Each expert shall also have a file in the Ministry of Justice. In which they shall deposit all matters relating to the exercise of the profession of expertise.
There have also been cases in various legal texts. In which the court has legally mandated to conduct an attempt to resolve the dispute before in an objective and scientific manner, for example:
– Status of evacuation compensation provided for in Article 194 of the Commercial law.
– Status of the common division of money between the partners provided for in Article 754 of the Civil law.
– The case of the sale of the property with more than one-fifth of the land, which is stipulated in Article 358 of the Civil law
– The case of adjudication in tax disputes, as stipulated in article 86/01 of the law of Criminal Procedure.
– The cases of compensation for physical and material damages.
As stipulated in Articles 8 and 21 of Order 74-15 and confirmed by the Supreme Court in its decision of 13/03/2001.
Stating: “No material damage caused to a vehicle may be compensated if the affected vehicle was not subject to prior experience.
“The establishment of the judges of the subject, therefore, their decision to determine the amounts of compensation. On the basis of the experience performed by the expert appointed by the insurance company is a proper application of the law and the claim of counter-expertise is subject to their discretion.
If so, the appeal should be rejected. In these cases, the separation is not valid except with the assistance of experts.
Experience Report as Technical Lead of Proof
After the expert has completed the task, they must submit a report containing the results of their work and clarify the reasons for their justification.
They deposit the report written in the seizure of the court that is then discussed in court proceedings to form the basis of the court’s judgment in the case.
The expert shall have the right to receive payment for performing their work and the judge shall determine the amount and who shall be required to pay.
The report of the expert is a document aimed at enlightening the judges and enabling them to reach a justified decision.
Therefore, its editing must be precise and clear.
The report is mainly intended to allow the Court to ensure the integrity and legality of the procedures. By taking into an account the data provided by an expert.
Such as name, title, address, and office of identification. Names, titles, and addresses of parties.
Also, the names of the representatives that represent the parties, their lawyers and their addresses.
The second part of the Court Expert report
The second part of the report is the basic and substantive part of the experience.
And is considered the right of the backbone because it is the one that must be organized. And corresponds to the expert’s answer to the questions posed by the court to answer them.
Which includes the findings of the investigations and research. Carried out during their experience and provide an opinion on the questions posed to them.
This should include the sources from which an expert obtained their information along with all supportive documents. As the expert finishes editing their report and is ready, they must sign it and date it.
The expert may edit a report in the place of dispute or at their own office.
There is no need to attend or inform the litigants at the time of writing the report or to place their signatures thereon unless it includes new procedures or statements not included in the minutes of the proceedings.
After the expert has released their report, they must deposit it with all documents.
Written in the seizure of the court and include those documents that they have received from the same court with its permission or which they have received from the litigants on their own initiative or on request.
In addition, the expert should attach their report to various documents that help clarify and explain their memoirs and the results of the litigation of the court.
This is an overview of the role of an expert and relevant experience in the Dubai court and in the other states of the Emirates.