The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

The Authority of Judges to Appoint Experts (A Critical Study of the Verdict No. 1673 of the General Assembly of the Supreme Court)

Document Type : Original Article

Author
‌Soheila Javadi
Department of Private Law, Iranian University, Tehran, Iran
10.22034/analysis.2024.2007797.1045
Abstract
Based on the precedence verdict No. 1673, the General Assembly of the Supreme Court grants the authority to the judges in deciding whether to refer or not refer a matter to court-appointed experts. After determination and explanation of the issue, the current research considers verdict No. 1673 to be compatible with the nature of court-appointed expertise, because expertise is a status that judges confirm by appealing to an expert. Therefore, it is natural that the role of the judges is active in this regard, and they have the authority to refer the matter to an expert. However, it should be considered that it is related to the implication of expertise is physical and not situational and intellectual. In natural signification, only a person who has knowledge of the subject and is an expert in the matter will notice the implication. Therefore, if the issue is so complicated that normal people and judges cannot understand the meaning, in this case, the judges are obliged to leave the diagnosis of the issue to the expert, and these cases are not included in the abovementioned verdict.
Keywords
The Precedence Verdict No. 1673 of the General Assembly of the Supreme Court
Court Appointed Experts
Evidence Law
Judges’ Authority
Physical Expertise