Article 130: Expert opinions oral or written

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 6985/2551 (2008)

   Under Section 130 an expert may give an opinion orally or in writing as the court requires, so where no party requests the expert be summoned to explain orally, the court may rely on the written opinion as evidence without procedural error.

   The court used the expert's technical opinion together with other evidence and its own naked-eye comparison of the signatures. It held that under Section 130 an expert may report orally or in writing, and since no party asked to summon the expert for oral explanation, relying on the written opinion was not a procedural error.

2. Arrêt de la Cour suprême n° 4693/2545 (2002)

   Where an expert has already given a written opinion on a signature examination, Section 130 does not require the expert to testify in person if oral testimony would add nothing to the court's decision.

   The examining officer gave a written opinion that the signature was written inconsistently and no conclusion could be drawn. The court held that under Section 130 requiring him to testify further would serve no purpose for deciding the facts, so declining to summon him was proper.

3. Arrêt de la Cour suprême n° 7073/2559 (2016)

   A DNA examination result sent to the court without a supporting witness may still be admitted and relied on together with other evidence under Section 130.

   A university medical faculty sent the DNA result to the court without a witness to support it. The court held that under Section 130 the result could still be admitted and relied on together with other evidence.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.