A Court Survey contributes to the resolution of a legal dispute.
Art. 962 Judicial Code: The court may, in order to resolve a dispute brought before it or in the event that a dispute actually and imminently threatens to arise, order experts to establish findings or to give technical advice.
The purpose of a court survey is to contribute to the resolution of a dispute between the parties. This is generally done by thoroughly investigating a well-defined technical problem, and reporting on it to the court in a clear report.
However, the court surveyor also has the task of attempting to reconcile the parties in the course of the investigation, thus bringing the dispute to an end. Sometimes the surveyor will be asked to follow up on mitigating efforts and/or remedial measures.
A court survey is carried out on a contradictory basis.
Contradictory debate on technical issues is an essential aspect of a court survey. At every stage of the investigation, parties are given the opportunity to ask questions, present arguments and contribute in the discussions.
The appointed surveyor takes the lead in the investigation as well as in the technical debates that may arise between the parties throughout the investigation.
The surveyor listens, questions and values each party's contribution.
The goal is to arrive at an objective technical advice, a unified version of the technical facts, on the basis of which law can be applied.
A court survey without court proceedings?
Sometimes a neutral and independent technical advice is desirable without the case already being brought before the court. For example, in the context of mediation, or because the case is too unclear to allow the parties to take a position, or to avoid escalation of a case.
In this case, a court surveyor can be appointed "amicably," that is, by mutual agreement between the parties. The procedure is exactly the same as a judicial assignment, so the final report has the same value in the eventual case of further court proceedings.
Court survey in complex technical disputes
Naucom has extensive experience with cases in which complex technical issues lie beneath the legal issues, and in which various technical disciplines converge.
Where a particular specialty is needed, for example in the field of chemical research, computer science, metallurgical research, etc., we can rely an extensive network of specific experts.
Where each specialist has his area of expertise, our members can say that their expertise lies in leading complex court surveys, and in bringing together and getting various specialists to work together.