Expertise as evidence in civil procedure

Abstract

An expert can be any person who can be a witness and who has appropriate professional knowledge. An expert appears in litigation in two ways: as an assistant to the court, and as a means of evidence. As a rule, in practice, courts excessively rely on the findings and opinions of experts when making decisions.The subject of analysis is the comparative legal aspects of the "expertise" institute, as a means of evidence in litigation. Considering that there is no legal regulation that makes a clear distinction between expertise as a means of proof and providing expert opinions, this issue deserves attention. Starting from the great role and importance of expert testimony in litigation proceedings and in a broader social context, the author aims to analyze the theoretical aspects, legal decisions, and Macedonian judicial practice. For that reason, the author believes that the responsibility and precision of the expert will contribute to greater efficiency, economy, and effectiveness of the procedure on the one hand, which will result in a legal and fair decision on the other hand. Keywords:expert, expert, expertise, responsibility, litigant, cour

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