Judicial Expert Roles, Requirements, and Appointment Process

Defining Key Roles in Judicial Proceedings

The Judicial Expert

EXPERT: A person, outside the trial, who is technical or skilled in specific issues or possesses special knowledge, appointed to advise the parties or the court.

Sources of Expert Knowledge

An expert's specialized knowledge must be derived from:

• College, technical, or specialized training courses.
• Postgraduate studies.
• Lessons learned through professional experience.

Essential Criteria for Expert Witnesses

Experts must fulfill the following criteria, often related to competence and diligence:

1. Breadth and Scope (Amplitud)
2. Insight and Ingenuity (Intuición and Ingenuity)
3. Scientific Authority (Autoridad Scientific)
4. Organization
5. Perseverance and Diligence in Work

Other Roles in the Courtroom

• Witness: Provides testimony based on what they have seen or heard regarding an injury or event, without offering judgment.
• Interpreter: Performs the translation from one language to another.
• Referee: Judges and settles the question or dispute.
• Expert (Role Summary): Guides and advises the judge. Considers the facts based on their knowledge or experience and produces an opinion.

Requirements and Appointment of Experts

Requirements for Experts

To qualify as a judicial expert, candidates must meet specific requirements:

• Eligibility
• Possession of the required Title or Certification
• Demonstrated capacity in the specialty
• Registration in the Expert Tuition list (Department of Judicial Services)

Appointment of Experts

Expert appointment can occur through two main methods:

• Voluntary: The parties rely on and agree upon the expert evidence.
• Required: Imposed by the judge or necessitated by the circumstances of the case.

Appointment Procedures

1. Registration in official lists is maintained.
2. The judge makes a free choice from the list.
3. The expert is notified and temporarily removed from the active list.
4. Acceptance of the office must occur within three working days of notification.
5. The parties may appoint Counter-Experts (or Controlling Experts) to review the findings.

Situations Following Expert Appointment

Four Potential Outcomes After Swearing In

Once the expert is appointed and sworn in, four situations may arise:

1. Non-Acceptance of the Charge: The expert declines the appointment.
2. Challenge: The expert's impartiality is questioned.
   • Previous Causes: Kinship, friendship, or being a creditor or debtor of the parties.
   • Post-Appointment Causes: Enmity with parties, indiscretion, or bribery.
3. Removal from Office: The expert is dismissed due to professional failure.
   • Waiver without sufficient reason.
   • Refusal to give an opinion.
   • Failure to provide timely advice or report.
4. Acceptance of Office: The expert proceeds with the task.

Stages of the Expert's Task

Preparatory Phase

Study of the case file and search for necessary documents, including plans, previous reports, and site inspection.

Stage of Actual Examination

Analysis of the background information. The expert answers the questionnaire, often in conjunction with the counter-experts.

Stage of the Opinion (Report Generation)

The results and conclusions obtained in previous stages are transcribed into the final report.

Expert Opinion Requirements

The final opinion must meet the following critical conditions:

• Objectivity
• Clarity
• Impartiality
• Accuracy
• TECHNICAL AND SCIENTIFIC FOUNDATION

Scope and Appeal of the Expert Report

• Scope of Expert Report: Defines the limits and focus of the findings.
• Appeal of Expertise: The report may be challenged:
  1. For reasons of procedural or formal error.
  2. Because of its content (substantive challenge).

Professional Obligations

• Responsibility of the Experts: Accountability for the accuracy and integrity of the report.
• Rights of Experts: Entitlements related to compensation and professional treatment.