Court-Appointed Expert Witness Procedure in Dubai Courts

Court-appointed experts play a significant role in resolving evidentiary questions across UAE civil and commercial litigation, and in some criminal cases where the Prosecutor General considers expert input essential, such as alleged breaches of trust. A court-appointed expert is someone with specialized technical or scientific knowledge, called in when the facts before a court are not enough for a judge to reach a decision on a technical matter without that expertise.

This guide covers the legal basis for expert appointment in Dubai Courts, the actual step-by-step procedure, how expert fees and the court deposit system work, the evidentiary weight given to an expert’s report, and how a party can challenge an appointed expert.

Legal Basis for Expert Appointment in Dubai Courts

Articles 69 to 92 of Federal Law No. 10 of 1992 (the Law of Evidence) govern the appointment of experts in UAE local courts. A court may also order an expert to investigate a matter under Article 68 of the same law where a party submits an urgent application. Federal Law No. 7 of 2012, known as the Law of Experts, places further restrictions on who may serve as an expert in the courts.

Under Article 69, the court may assign one or more experts, either state civil officials or experts listed in the official schedule of experts, to give their opinion on matters vital to settling the case. Under Article 70, if the parties themselves agree on one or more experts, the court will generally approve that agreement, unless extraordinary circumstances specified by the court require it to select the expert itself from those already registered before it.

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Step-by-Step Procedure for Appointing a Court Expert

1. Request or court initiative. Either a party requests the appointment of an expert, or the court decides on its own initiative that expert input is needed to resolve a technical issue.
2. Party agreement, where possible. If both parties agree on a specific expert, they can propose that expert to the court within the timeframe the court sets. The court will generally approve this agreement unless it identifies extraordinary circumstances requiring it to select the expert independently.
3. Court selection, where no agreement exists. Without party agreement, the court selects one or more experts from state civil officials or from the official schedule of registered experts.
4. Deposit and mandate issued. The court sets the deposit amount to cover the expert’s fees and expenses, identifies which party must pay it, and issues the expert’s mandate defining the scope of the investigation.
5. Expert investigation and report. The expert examines the relevant evidence and technical matters within the scope of the mandate and prepares a written report setting out findings and conclusions.
6. Submission and party response. The report is submitted to the court, and both parties have the opportunity to review it, question its findings, and submit their own observations or counter-evidence before the court reaches a decision.

Expert Fees and the Court Deposit System

Court-appointed expert fees in the UAE run through a deposit mechanism rather than a direct arrangement between the expert and either party. Under Article 69, the court itself determines the amount to be deposited with the court treasury to cover the expert’s expenditures and salary, decides which party is responsible for making that deposit, sets the deadline for payment, and specifies how much the expert is permitted to draw against it for expenses as the investigation proceeds. This structure exists specifically to preserve the expert’s independence, since the expert is compensated through the court rather than being paid directly by either party to the dispute, which reduces the risk that either side’s payment could be seen as influencing the expert’s findings.

Dubai Court of Cassation on Court-Appointed Experts

While courts retain broad discretion, they must appoint an expert where doing so is the only practical way for a party to support its claim or defense. In Decision No. 86/2008, vol. 19, p. 1041, the Dubai Supreme Court held that where a party requests an expert to establish a fact through non-documentary evidence, and that fact is crucial to resolving the dispute, the court must either grant the request or state clear reasons in its ruling for declining to do so.

Evidentiary Value of a Court-Appointed Expert’s Report

Once proceedings begin, the applicant may rely on the expert’s report as evidence, but its probative value remains subject to the court’s own assessment. The court is not bound to accept the expert’s findings and can appoint a different expert if it considers the original report insufficient or unpersuasive. The report functions as a tool to help the court assess the merits of the case and decide on appropriate action, rather than as a determination the court is required to adopt. Parties also retain the right to approach the court directly without ever requesting or accepting an expert appointment during proceedings.

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Can You Object to a Court-Appointed Expert or Their Report?

Yes. A party who disputes the appointed expert’s competence, independence, or conclusions is not without recourse. Objections can be raised on grounds such as a conflict of interest, lack of relevant technical qualification for the specific issue at hand, or procedural irregularities in how the investigation was conducted. Parties can submit written observations challenging specific findings in the report, request clarification or supplementary work from the expert, or ask the court to appoint a different expert where the original report is found wanting. Because the court, not the expert, ultimately decides how much weight the report carries, a well-reasoned objection supported by counter-evidence can materially affect the outcome even where the expert’s original conclusions were unfavorable.

Frequently Asked Questions (FAQs)

How Farahat & Co. Can Help

Farahat & Co. provides court expert witness services in the UAE, including forensic, financial, and technical expert reports for litigation, arbitration, and regulatory proceedings.

Contact Farahat & Co. today to discuss your court expert witness requirements.