Date:

14.03.2026

Reading time:

5 minutes

Author:

Daniil Kadyrov

Managing Partner

Home

Knowledge base

Articles

“Why order an expert examination? The judge will figure it out!”

“Why order an expert examination? The judge will figure it out!”

Procedural Law Court Representation Civil law Legal support

Date:

14.03.2026

Reading time:

5 minutes

Article

“Why order an expert examination? The judge will figure it out!” The Doctrine “The Expert Is the Judge of Facts” Modern Understanding of the Expert’s Role Expert Examination as the “King of Evidence” Practical Significance

Questions and Answers Terms Read also

Law Firm
«Kadyrov, Drokonov and Partners»

“Why order an expert examination? The judge will figure it out!”

In judicial practice, the question often arises: how important is expert examination, and can a judge really proceed without it? In reality, an expert’s conclusion frequently plays a decisive role in a dispute and often determines the outcome of the case.

The Doctrine “The Expert Is the Judge of Facts”

There is a well-known doctrine by C. Mittermaier: the judge is the “judge of law,” while the expert is the “judge of fact.” This doctrine is based on the idea that a judge does not possess specialized knowledge in the field relevant to the expert’s competence and therefore cannot evaluate factual circumstances without the expert’s assistance.

Modern Understanding of the Expert’s Role

Contemporary practice approaches this doctrine cautiously: the final decision is always made by the judge, including the assessment of whether evidence is relevant and admissible. However, the importance of expert examination cannot be denied.
In many cases, the expert’s conclusion becomes the decisive piece of evidence: once included in the case file, it is extremely difficult to overturn or disregard.

Expert Examination as the “King of Evidence”

Jhering wrote: “Evidence is the ransom of a right.” In this sense, expert examination is rightly called the king of evidence.
In some situations, an expert opinion becomes an independent tool for dispute resolution, comparable to mediation or arbitration.
Example: a supplier does not trust your claim about defects in the goods. But upon seeing the expert conclusion, they change their position — disputing an expert result is pointless.

Practical Significance

Although formally an expert opinion does not bind the judge de jure, it has enormous influence de facto, because the judge lacks specialized scientific or technical knowledge. Therefore, the role of the expert in the process must not be underestimated.

FAQ

How much does a judicial expert examination cost?

The cost depends on the complexity of the research, the number of questions submitted, and the area of specialized knowledge.

Who pays for the judicial expert examination?

The party requesting the expert examination bears the initial cost. Later these expenses may be recovered from the losing party.

In what types of cases does expert examination play a key role?

Most frequently in construction disputes, cases involving product quality, intellectual property, medical-legal matters, and other proceedings requiring specialized knowledge.

Can an expert’s conclusion be challenged in court?

Yes. The parties may request a repeated or additional expert examination and may question the expert during the hearing.

Why is judicial expert examination needed in civil proceedings?

It is used when establishing facts in a case that requires specialized knowledge in science, technology, art, or craft — knowledge the court does not possess.

All questions and answers

Key Terms

Expert Examination

A procedural or administrative investigation conducted by a specialist with specific knowledge in science, technology, art, or craft, aimed at establishing facts relevant to a case or to an administrative decision.

Judicial Construction Expert Examination

A procedural investigation of design documentation, surveys, and related materials appointed by the court to establish facts relevant to the case.

Judicial Expert

An individual with specialized knowledge, engaged by the court to conduct an examination and issue an opinion on questions requiring professional assessment.

Motion to Appoint Expert Examination

A procedural request submitted by a party to the court seeking the appointment of expert investigation of design documentation or cost estimates.

All articles

Law of Obligations Contract Law Procedural Law Contract for work and services Court Representation Legal support Russia

When and How to Terminate a Contract for Services and Recover Damages

The client has the right to terminate the contract by mutual agreement, unilaterally, in case of a breach by the contractor, or through the court. It is important to properly draft notifications, calculate mutual settlements, and, if necessary, recover damages. This article discusses the legal grounds, the procedure for termination, and practical recommendations to protect the client's interests.

Procedural Law Law of Obligations Court Representation Court Representation Russia

What to Do If a Debt Is Not Paid After a Court Judgment

Winning a court case does not guarantee receiving money immediately. In many situations, the main difficulties begin at this stage: the debtor delays enforcement, bailiffs fail to act, and the awarded amount loses its value with every passing month due to inflation.

Civil law Property Law International Law Real estate transactions and registration Legal organizational forms Legal support UK Russia Whole world

Comparison of Residential Lease Regulation in Russia and Common Law Countries

Residential leases, in addition to everyday details and possible hidden pitfalls, contain numerous legal aspects. The parties often try to regulate them through various legal techniques, and as a result the provisions set out in the written agreement may significantly differ from the oral arrangements.

All articles

Contact us

Leave a request and our lawyers will contact you as soon as possible to provide a free consultation on your issue.

Имя *

Это поле обязательно для заполнения

Телефон *

Это поле обязательно для заполнения

E-mail

Введён некорректный e-mail

Сообщение

Необходимо ваше согласие на обработку персональных данных

“Why order an expert examination? The judge will figure it out!”

“Why order an expert examination? The judge will figure it out!”

The Doctrine “The Expert Is the Judge of Facts”

Modern Understanding of the Expert’s Role

Expert Examination as the “King of Evidence”

Practical Significance

FAQ

Key Terms

Related articles

When and How to Terminate a Contract for Services and Recover Damages

What to Do If a Debt Is Not Paid After a Court Judgment

Comparison of Residential Lease Regulation in Russia and Common Law Countries

Contact us