The lawyer's analysis of materials related to commissioning of expert reviews

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In modern conditions the issues of the lawyer’ assessments of reasonableness in commissioning and performing of expert examinations based on the analysis of procedural documents relating to the relevant decision, become particularly important. The proposed recommendations of assessing reasonableness in rendering the decision to commission expert examinations are stipulated by the foregoing as well as the criteria formulated by the author for assessing the quality of original materials submitted for analysis. While assessing the quality of comparative samples, the lawyer should remember that the initiator of the commissioned examination, who is not quite knowledgeable in the rules for their selection and gives unsatisfactory samples to the expert, inevitably lays down an error in the results of the upcoming examination. Therefore, the lawyer must timely discover shortcomings of the comparative material that is proposed to the expert for investigating and appropriately respond to it, claiming for complementing or replacing unsatisfactory samples. Alternatively, after the examination he\she must raise the question of exclusion of the expert opinion from the list of case evidences as inadmissible. In case of difficulties with exercise of judgment of samples quality, the lawyer should seek specialist’s advice.

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Lawyer, forensic examination, materials under examination, comparative samples

Короткий адрес: https://sciup.org/142232717

IDR: 142232717

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