Expert evidence in court

This article explains what expert evidence is, who prepares an expert report, how the expert is selected, how the costs are allocated and what legal issues may arise.

An expert report provides an independent specialist’s opinion or assessment. It assists the court where a question requires knowledge outside the court’s expertise. Once admitted, the report forms part of the evidence in the proceedings. Its purpose is to clarify particular facts and circumstances with the help of a specialist in the relevant field.

Expert examinations are frequently ordered in the following fields:

1. Medicine: a medical examination addresses questions about a person’s health that require specialist knowledge.
2. Psychology: a psychological assessment provides an expert opinion on a person’s mental state or psychological fitness.
3. Economics: an economic expert undertakes specialist calculations and assesses financial or accounting issues.
4. Engineering: technical examinations are often used in cases involving accidents or technical faults.
5. Forensic science: forensic experts examine evidence such as DNA and fingerprints.
6. Handwriting: a handwriting examination is used where handwriting must be analysed.

The court or the pre-trial authority appoints the expert under the Code of Criminal Procedure, depending on the stage of the proceedings. At trial the parties may ask for an appointment, and the court may also order one on its own initiative.

At the pre-trial stage, the authority investigating the offence may order an examination under the Code of Criminal Procedure.

An expert is consulted when the appointing authority lacks the specialist knowledge or skills to answer particular questions. The aim is to give the court an objective assessment of precisely formulated questions relevant to disputed facts.

Bulgarian law allows a fresh or supplementary expert examination. The parties may request one or the court may initiate it where the completeness or objectivity of the original report is in doubt. It is for the court to decide whether the examination is necessary and the request justified.

A party who considers an expert report incorrect, inadequately reasoned or lacking in objectivity may challenge the report in several ways:

1. At the hearing, counsel may put further questions to the expert who prepared the report and is presenting it, asking the expert to clarify the findings.
2. The party may challenge the conclusions of the report in evidence.
3. The party may request a supplementary examination if the first report did not address all the necessary questions or lacked detail or objectivity.
4. The expert’s qualifications may be challenged if there are doubts about their competence, qualifications or impartiality.

These are some of the methods available under Bulgarian law. The court decides whether an objection has sufficient objective grounds and will reject it if it does not.

The court or investigating authority selects the expert using several criteria and procedures:

1. The court consults its official list of approved experts in the relevant fields.
2. It considers competence and qualifications.
3. The parties, for example the prosecution and the defence, may propose an expert.
4. The expert selected must be impartial and independent.
5. Some courts use random selection.
6. Where particular knowledge is required, the court may appoint someone outside the list if that person has the expertise needed for the assignment.

The expert is entitled to payment for preparing the report. The amount depends on the complexity of the assignment, the time spent and the expenses incurred. The court or investigating authority fixes remuneration in accordance with the applicable rules and circumstances of the case. Official fee schedules approved by the Council of Ministers and other competent authorities also set rates, including minimum and maximum rates for different types of examination where provided.

The costs of the examination are normally advanced by the party requesting it. If the court orders the examination on its own initiative, its budget initially covers the cost; at the end of the case the cost may be charged to the losing party as part of the overall litigation expenses.

Expert reports provide opinions and assessments on specialist issues beyond the court’s own knowledge. The judicial authority determines whether the report is admitted as evidence in the particular proceedings and how and to what extent it will be used, subject to the applicable procedural rules.

This article does not constitute a legal opinion or advice concerning a particular situation or person. For assistance with a specific case, consult a lawyer who practises civil law.