Objection to the Opinion of a Specialist Expert in a court case
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To a Specialized interdistrict economic Center
Almaty City Court
To the judge _____________.
050008, Almaty, ul. Baizakova, 273 B
8 (…) …-..-..
_____________@sud.kz
from the Defendant: : Individual
entrepreneur "_____________"
in the face of _____________
IIN: _____________
location: Almaty, Rozybakieva str., 45, sq. 17.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
Feedback
to the IP's Statement of claim "__________" both the Expert's Opinion and the Expert's Opinion
In, your production has a civil case on the claim of the sole proprietor "__________" ( next, the Plaintiff) to the Sole Proprietor "__________" ( next is the Defendant) on the recognition of the fact of fulfillment of obligations and the act of work performed as valid. In this civil case, the Court, in accordance with Article 82 of the CPC, ordered a forensic examination of computer technology tools to determine the date and time of the video recording, since this circumstance is essential to the case and it can be clarified as a result of a video-phonographic examination conducted by an expert.
And also all expenses are assigned to the sole proprietor for the examination. "__________", because they have filed a claim. Where the examination is entrusted to the State Institution "Institute of Forensic Expertise in Almaty". The following questions have been raised for the expert's permission: - Does the website comply with the requirements set out in the agreement and its annex (point by point)? - Can the website function properly? - When and what changes have been made to the website since __ December 20__? - The date of the final development of the website? To conduct an expert examination, make available to the expert: - a civil case № __________ according to the claim of the sole proprietor "__________" to the sole proprietor "__________" on the recognition of the fact of fulfillment of obligations and the act of work performed valid; The subsequent court, at the request of the Expert, additionally engaged a Specialist. __.05.20__, we reviewed the Expert's Opinion for no. ____ dated __.04.20__ and the Expert's Opinion for no.21 dated __.04.20__. Upon examination of both conclusions, we found that the Expert's Conclusion is identical to the Expert's Conclusion. Dear court, we do not agree with the above conclusions, since according to Article 82 of the CPC of the Republic of Kazakhstan, a judicial examination is appointed in cases where circumstances relevant to the case can be established as a result of an examination of its objects conducted by an expert based on special scientific knowledge. The availability of such knowledge from other persons involved in civil proceedings does not exempt the court from the need, in appropriate cases, to appoint an expert examination.
However, we believe that the Expert's and specialist's Conclusions are partially unreliable. Below, we will describe and comment on each point stated by the Specialist as unfulfilled: Preface: __.11.20__ - we have sent a certificate of completed work to Maxis. We have requested the actual address. We have sent screenshots proving the completion of the work on the Application №1. __.11.20__ - We have sent a second letter and video instructions. The actual address was requested. __.11.20__ - we received a response from them with comments. Most of the comments were not based on Appendix No. 1. 11/22/20__ - responded to their comments, attached screenshots and instructions. __.12.20__ - We received a complaint from Maxim, which basically says that the language versions are not ready. __.12.20__ - we responded to the claim, also with screenshots, and repeatedly wrote to them that the transfers were not included in the price. __.12.20__ - we received a response from them: We will sign the acts, but only when all the work has been completed in full...” although the work on appendix No. 1 has been completed.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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