Civil & Commercial Litigation
Principle of Adversarial Proceedings
Adversarial proceedings allow each party to discuss claims, arguments, and documents. Understand its role in preparing a defense.
Lexicon
Litigation & Advisory
Judicial Expertise
Judicial expertise is a measure ordered by a judge to obtain a technical opinion on facts requiring specialized knowledge. The expert responds to a defined mission; they do not replace the judge in the legal assessment of the dispute.
Prepare the technical documents, dates, and questions that fall within the mission. Distinguish the expert's findings from your own hypotheses. A report must be read with its reservations and limits. When observations are possible, respond precisely to the discussed points rather than contesting the entire report.
For a technical question, start by rereading the exact terms of the mission. A report on the origin of damage does not necessarily answer all questions of cost or liability. This scope explains what the report brings to the trial and what remains to be established.
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Other Associated Definitions
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Civil & Commercial Litigation and Advisory
Civil summary proceedings
Civil summary proceedings allow certain provisional measures. Urgency, evidence, or provision: the basis depends on the measure requested from the judge.
Civil & Commercial Litigation
Judicial Conclusions
Conclusions present claims and their arguments to the judge. Facts, documents, and amounts: understand their preparation with the lawyer.
Litigation & Advisory
Legal Costs
Legal costs group certain trial expenses. Understand their difference from attorney fees and procedural indemnity.