Article 77. Involvement of a specialist in the procedural actions of the Civil Procedure Code of the Republic of Kazakhstan
1. To participate in a court hearing or procedural actions in order to assist in the collection, research and evaluation of evidence by providing advice (explanations) and assistance in the use of scientific and technical means, the court may involve an adult person with special knowledge who is not interested in the outcome of the case.
The court has the right to involve specialists at the request of the party. The persons involved in the case may ask the court to involve a specific person with special knowledge as a specialist.
2. The appointment of a specialist is indicated in the ruling on the preparation of the case for trial, and during the court session – in the minutes of the court session.
3. A person called as a specialist has the right: to know the purpose of his call; to refuse to participate in the proceedings if he does not have the appropriate special knowledge and skills; with the permission of the court, to ask questions to the participants in the procedural action; to draw the attention of the participants in the procedural action to the circumstances related to his actions in assisting in the collection, research and evaluation of evidence, in the application of scientific and technical means, preparation of materials for the appointment of expertise; to get acquainted with the protocol of the procedural action in which he participated, as well as, in the relevant part, with the minutes of the court session, and to make statements and observations to be recorded in the protocol regarding the completeness and correctness of recording the course and results of actions performed with his participation; to receive reimbursement of expenses incurred by him in connection with participation in the proceedings, and remuneration for the work performed, if participation in the proceedings is not included in the scope of his official duties.
4. A person appointed as a specialist is obliged to: appear at the summons of the court; participate in the proceedings and in court proceedings, using special knowledge, skills and scientific and technical means; provide advice; provide explanations about the actions performed by him, including using technical means of communication. The expert's opinion on all issues raised must be submitted to the court in writing or in the form of an electronic document.
5. When conducting procedural actions to determine the opinion of a minor child on the subject of a dispute who has reached the age of ten, the participation of a teacher and (or) a psychologist is mandatory.
6. The teacher and (or) psychologist have the right to get acquainted with the materials of the civil case characterizing the personality of the minor before the start of his interview, with the permission of the presiding judge, to ask questions to the minor to clarify his opinion on the subject of the dispute, and after the end of the procedural action to get acquainted with the minutes of the court session in the part reflecting his participation in the court session.
7. A child over the age of ten is interviewed with the participation of a teacher and (or) a psychologist. At the time of the child's questioning, his legal representatives may be removed from the courtroom by a court ruling. After the legal representatives return to the meeting room, they should be informed of the content of the child's opinion and given the opportunity to ask him questions. After clarifying his opinion on the subject of the dispute, the child is removed from the courtroom.
8. When considering investment disputes, the court has the right to request the opinion of experts from the International Council at the Supreme Court of the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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