BERNARD JUDGMENT OF 23 APRIL 1998
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B. Preparation of expert reports
22. The preparation of expert reports is governed by the following
provisions of the same code:
Article 158
“The terms of an expert’s assignment, which is confined to examining technical
matters, shall be specified in the decision ordering the expert report.”
Article 161
“... In carrying out their assignment, experts shall liaise with the investigating judge
or other judge; they must keep him informed of the progress of their assignment so
that at any time he can take any measures that may be necessary.”
Article 165
“During the course of the expert’s assignment, any party may ask the court which
has ordered the report to instruct the experts to make particular enquiries or to
interview any named person who is likely to be able to provide them with technical
information.”
Article 167
“The investigating judge shall inform the parties and their counsel of the experts’
conclusions ... In all cases, the investigating judge shall stipulate a period within
which the parties must submit any observations or requests, particularly for a
supplementary report or second opinion. During that period the case file shall be made
available to the parties’ counsel. Where the investigating judge refuses a request, he
shall do so in a decision stating reasons which must be made within one month of
receipt of the request...”
Article 186-1
“The accused or a civil party may also appeal against the orders provided for in ...
the fourth paragraph of Article 167.”