Code of Canon Law: text (original) (raw)
Can.1574 The services of experts are to be used whenever, by a provision of the lawor of the judge, their study and opinion, based upon their art or science, arerequired to establish some fact or to ascertain the true nature of some matter.
Can.1575 It is for the judge, after hearing the opinions or suggestions of theparties, to appoint the experts or, if such is the case, to accept reportsalready made by other experts.
Can.1576 Experts can be excluded or objected to for the same reasons as witnesses.
Can.1577 §1 The judge in his decree must define the specific terms of reference to be considered in the expert's task, taking into account whatever may have beengathered from the litigants.
§2 Theexpert is to be given the acts of the case, and any documents and othermaterial needed for the proper and faithful discharge of his or her duty.
§3 Thejudge, after discussion with the expert, is to determine a time for thecompletion of the examination and the submission of the report.
Can.1578 §1 Each expert is to complete a report distinct from that of the others, unless the judge orders that one report be drawn up and signed by all of them. In this case, differences of opinion, if there are such, are to be faithfully noted.
§2 Expertsmust clearly indicate the documents or other appropriate means by which they have verified the identity of persons, places or things. They are also to statethe manner and method followed in fulfilling the task assigned to them, and theprincipal arguments upon which their conclusions are based.
§3 Ifnecessary, the expert may be summoned by the judge to supply furtherexplanations.
Can.1579 §1 The judge is to weigh carefully not only the expert's conclusions, even when they agree, but also all the other circumstances of the case.
§2 When he is giving the reasons for his decision, the judge must state on what grounds heaccepts or rejects the conclusions of the experts.
Can.1580 Experts are to be paid their expenses and honorariums. These are to bedetermined by the judge in a proper and equitable manner, with due observanceof particular law.
Can.1581 §1 Parties can designate their own experts, to be approved by the judge.
§2 If thejudge admits them, these experts can inspect the acts of the case, in so far asrequired for the discharge of their duty, and can be present when the appointed experts fulfil their role. They can always submit their reports.