Expert Examinations in Russian Litigation

In Russian courts, an expert examination is ordered by the judge, not commissioned by the parties. Either side may ask for one, propose the expert and draft questions, but the court decides who carries it out and what exactly is asked. The resulting report is evidence like any other: the court weighs it together with documents and testimony, and it can be challenged, supplemented or replaced by a repeat examination.

Attorney Elena Petrova advises foreign clients on building the expert stage of a case, from the first motion to the fight over a disputed conclusion.

How the Court Orders an Examination

Under the Civil Procedure Code (Article 79) and the Arbitrazh Procedure Code (Article 82), a court appoints an examination when a question requires special knowledge in science, engineering, accounting, medicine or another field. Typical subjects are signatures, valuation and damage calculation.

The party asking for the examination files a written motion. It names the proposed expert institution or individual, attaches their consent, fees and qualifications, and deposits the fee in the court account. Arbitrazh courts are strict about the deposit: without money on the account, the motion is usually refused.

The court's ruling fixes the questions, the expert and the deadline. Proceedings are usually suspended until the report arrives.

Framing the Questions

The questions decide the outcome more often than the expert does. Each side submits its list, and the judge settles the final wording. A poorly framed question produces an answer that helps nobody.

Good questions are factual and verifiable. Ask whether a defect exists, what caused it and what repair costs at a given date. Avoid legal questions, such as whether a contract was breached: the expert cannot answer them, and the court will strike them out.

Object in writing to leading questions and make sure the objection is in the hearing minutes.

What an Expert Report Contains

A report must describe the materials examined, the methods used, the course of research and reasoned answers to each question. The expert signs a warning of criminal liability for a knowingly false conclusion under the Criminal Code.

Challenging the Conclusion

A party may ask the court to summon the expert for questioning. This is often the most effective step: inconsistencies surface quickly under direct questions about method and sources.

Written objections should be specific. Point to the unexplained assumption, the ignored document or the method that does not fit the object. A review by an independent specialist, known as a retsenziya, helps structure these objections, although the court treats it as a written opinion rather than expert evidence.

Additional and Repeat Examinations

When a report is incomplete or unclear, the court may order an additional examination by the same or another expert. When there are serious doubts about its validity or contradictions in the findings, the court may order a repeat examination by a different expert. Both options exist in civil and arbitrazh procedure.

A motion for a repeat examination must name specific defects of the first report. Mere disagreement is not enough.

Costs, Timing and Foreign Parties

Examination fees are paid in advance by the party requesting it and later redistributed under the final decision. Complex engineering or valuation work may take several months, which extends the whole case.

Evidence held abroad must reach the court in Russian translation, sometimes apostilled, before the expert can use it.

Preparing the Expert Stage With Us

Send a short description of the dispute and the technical point in question. We assess whether an examination helps your position, suggest questions and prepare the motion or the objections.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.