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Slovakia

Civil legal expert examination in Slovakia

Extract from the final Eurexpertise report

All rights reserved EEEI © 2012

Contributing correspondent

  • Barbora KOVACIKOVA, Division of expert interpreters-translators at the Ministry of Justice

Author

  • Alix Loubeyre, Doctoral student

Other administrative order

Yes

I. Procedural rules in calling for an expert examination

I. 1) On the initiative of

The judge, after hearing the parties.

I.2) Mandatory expert examinations

Not in civil matters

I. 3) Decision-maker

The judge

I.4) Is a pre-trial expert examination possible?

UNSPECIFIED

II. Choice and appointment of the expert(s)

II. 1) Register

YES

II. 2) Oath

YES

II. 3) Choice of the Expert

The judge chooses an expert from the register managed by the Ministry of Justice but may also appoint an expert who is not registered if circumstances require it.

II. 4) Participation by the parties in the appointment process

YES

II. 5) Nationality

All

II. 6) Recusal by the litigant parties

Possible if the parties consider that the expert lacks impartiality.

However, the decision lies with the judge.

II. 7) Expert’s withdrawal (refusal of a mission)

Yes, if there is a risk of conflict of interests or a doubt on the expert’s independence and impartiality.

II. 8) Possibility of adding another expert

Yes, but the expert must give due reason of his request for an additional expert

II. 9) Possibility of being assisted by a colleague

YES

III. DEFINITION OF THE EXPERT’S MISSION

III. 1) Who determines the mission?

The judge, who asks the expert all the questions he must answer

III. 2) Type of mission

All

IV. PROGRESS OF THE EXPERT’S MISSION

IV. 1) Judge supervision

Yes, the judge can oblige the parties to cooperate with the expert, if this is necessary for him to accomplish his mission.

IV. 2) Form of contradictory procedure

Deferred. The parties can ask questions based on the expert’s report.

IV. 3) Participation in the hearing

On request - it sometimes depends on the type of mission involved.

V. Close of the expert examination

V. 1) Does conciliation put an end to the expert’s mission?

UNSPECIFIED

V. 2) Form imposed on the report

Written report

V. 3) Does the report put an end to the expert’s mission?

Generally yes, but the expert can also be summoned to the hearing.

V. 4) Is there an imposed structure for the report?

Provision is made in Law N° 382/2004 and Ordinance N° 490/2004 of the formal requirements regarding the structure of the report.

V. 5) Is a preliminary report mandatory?

NO

V. 6) Is the judge bound by the expert’s conclusions?

No, but the judge must give due reason as to why he has not followed the expert’s recommendations.

V. 7) Possibility of a second opinion

YES

VI. Funding for the expert examination

VI. 1) Security-Payment

UNSPECIFIED

VI. 2) Determining the amount of payment due

UNSPECIFIED

VI. 3) Possibility of additional payment

YES

VI. 4) Determining fees and costs

Agreement between the judge and the expert, or can be determined according to various methods: hourly rate, payment of the different acts involved in the expert examination.

VI. 5) Possibility of contesting the fees

UNSPECIFIED

VII. Expert liability within proceedings

VII. 1) Are there any laws governing expert examinations?

Yes, Law N° 382/2004 stipulates that in order to be registered, experts must swear an oath before the Ministry of Justice and swear to respect the constitution, the law, and more generally all the mandatory rules and ethical principles (moral and ethical) of expertise.

VII. 2) Expert liability

Civil liability

VII. 3) Mandatory insurance for the expert

Yes, henceforth experts must have professional insurance covering damages up to 33193 euros.

VIII. The expert’s status

VIII. 1) Existence of selection criteria (accreditation)

Yes, criteria provided for by law and evaluation by the Ministry of Justice. Refusals of registration can be appealed.

VIII. 2) Classification of skills

Yes, under Law N° 382/2004 on experts, inetrepreters and translators, legal experts are classified in 51 fields, including sectors specified by Ministry of Justice Directive N° 7/2009 on the organisation of

the work of experts, interpreters, and translators.

VIII. 3) Required qualifications

  • Training/diploma in the expert’s chosen field
  • Successful completion of the expert’s approval exam
  • Successful completion of the exam on legislation/rules of procedure applicable to expert examinations

VIII. 4) Grant of accreditation

Ministry of Justice

VIII. 5) Possibility of accrediting a legal person

YES

VIII. 6) f) Validity period for the accreditation

Life

VIII. 7) Regular assessment tests

Generally every five years, includes verification of the expert’s activity reports.

VIII. 8) Supervision of the expert’s mission

YES

VIII. 9) Expert’s activity report

Yes, twice a year

VIII. 10) Code of ethics

YES

VIII. 11) Good practice

YES

VIII. 12) Possibility of penalties

Yes, depends on the importance of what the expert is accused of.

  • Written warning
  • Fine
  • Prohibition to practice for a maximum period of one year
  • Removal from the register

VIII. 13) Laws governing the expert’s status

Yes

  • Law 382/2004 on experts, interpreters, and translators
  • Ordinance 490/2004
  • Ordinance 491/2004 on the payment of experts
  • Ordinance 492/2004
  • Law N° 99/1963 Code of Civil Procedure
  • Law N° 372/1992

IX. Bibliography

Documents

  • Eurexpertise final report - Slovakia (pdf 231.4 kb) Download
Institut Européen de l’expertise et de l’expert
Mailing address  : EEEI Jean-Raymond LEMAIRE, 38, rue de Villiers - 92532 Levallois-Perret cedex - France Tel : +33(0)1 41 49 07 60 - Fax : +33(0)1 41 49 02 89