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Comments to Article 214. Consultation (explanation) of a specialist of the Civil Procedure Code of the Republic of Kazakhstan
Article requiring special research, the specialist provides the court with advice (explanation) in oral or written form.The expert's advice, given in writing, is announced, examined at the court session and attached to the case. The oral consultation is recorded directly in the minutes of the court session (procedural action).
2. In order to clarify and supplement the consultation, the specialist may be asked questions. The first person to ask questions is the person at whose request the specialist was involved, and his representative, followed by other persons involved in the case and representatives. The plaintiff and his representative are the first to ask questions to the specialist involved by the court. The court has the right to ask questions to the specialist at any time.
1. To participate in a court hearing or procedural actions in order to assist in the collection, research and evaluation of evidence by giving consultations (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 (part one of Article 77 of the CPC).If no special research is required, the specialist can provide the court with advice (explanation) in oral or written form (i.e., in this case, there will be no need for an expert examination).A written expert opinion is examined by reading it out at a court hearing. The written opinion itself is subject to examination at a court hearing. The direct perception of the written expert opinion by the persons involved in the case is important, since during its announcement the details of the written opinion may be overlooked, which are also important for the proper resolution of the case.Based on the conclusions of the specialist, the person involved in the case may request the appointment of an expert examination if it becomes clear that the expert's opinion is unable to help resolve certain issues that require special scientific knowledge to resolve them.A written expert opinion is attached to the case. According to a court decision taken taking into account the opinion of the parties, when reading and examining the written opinion of a specialist, his non-participation in the court session is possible.In the absence of a written opinion (consultation, explanation) from a specialist, they are given an oral explanation, consultation, which will be recorded in the minutes of the court session. The reason that the court is limited to receiving oral explanations from a specialist may be that there is no need for the specialist to provide a written opinion.
2. If a specialist is interviewed in accordance with the norms of the commented part of the article, the questions asked to the specialist and the answers given to him must be recorded in the minutes of the court session.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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