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Alternative title:

On the problem of the cumulation of expert and witness’ proceeding roles. An analysis of the witness-expert institution in the light of the amendment to the civil procedure

Subject and Keywords:

witness   expert   witness-expert   cumulation of process roles   evidences   simplified procedure   amendment   specialist news   expert opinion   private opinion   impartiality of the court expert   guarantees of process reliability

Abstract:

This study raises the controversial issue of cumulation of procedural roles of a witness and an expert against the background of the amendment to the Code of Civil Procedure of July 4, 2019 (Journal of Laws of 2019, item 1469). Reflections on these issues began with the presentation of the views of doctrine and case-law developed on the basis of hitherto procedural reality. Subsequently, attention was devoted to regulations concerning a witness-expert and private experts in force in the legal orders of foreign countries. In addition, a new solution was analyzed both in the light of a completely different regulation of evidence from an expert opinion in simplified proceedings, as well as general provisions regulating evidence law. The perception of real threats related to the granting of the status of expert witness to the experts selected by the party, primarily from the point of view of the guarantee of the fairness of the trial (so far also signaled in the literature on the subject) was the reason to assess the legislator’s actions and to formulate postulates de lege ferenda.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Date issued:

2020

Detailed Type:

e-book

Identifier:

ISBN 978-83-66601-04-8 (druk)   ISBN 978-83-66601-05-5 (online)

DOI:

10.34616/23.20.011

Language:

pol   eng

Relation:

(E-Monografie ; nr 162)

Is part of:

Realizacja ochrony prawnoprocesowej w ujęciu statycznym i dynamicznym

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Autor opisu:

WR U/PAdjm