Legal analysis
Generally speaking, it is not appropriate to entrust the appraisal unilaterally. Otherwise, after the court hearing, if the other party requests re-appraisal on the grounds of illegal acts without its consent, or there is evidence to prove that there is something wrong with the appraisal conclusion and the qualification of the appraiser or institution, it will generally agree. If the other party agrees with the expert opinion, it can adopt the expert opinion. In the same case, if the expert conclusion entrusted unilaterally conflicts with the expert conclusion entrusted by the court, the expert conclusion entrusted by the court is more effective. In addition, most appraisal institutions can accept the entrustment of law firms or courts, but they do not accept the appraisal applications put forward by individuals. The normal appraisal procedure is like this. After the plaintiff sued, he first applied to the court for disability appraisal. The court will call all parties to court and draw lots among qualified appraisal institutions to decide the appraisal institutions. Then, the court will send a power of attorney to the selected appraisal institution, and the appraisal institution will inform the materials to be prepared, the appraisal time, the appraisal place and the fees to be paid, and then the appraisal can be carried out at the time and place determined through consultation.
legal ground
Provisions of the Supreme People's Court on Evidence in Civil Procedure
Article 28 If one party entrusts the relevant department to make an appraisal conclusion, and the other party has sufficient evidence to refute and apply for re-appraisal, the people's court shall allow it.
Article 27 If a party disagrees with the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for re-appraisal, the people's court shall allow: (1) the appraisal institution or appraiser does not have relevant appraisal qualifications; (2) The appraisal procedure is seriously illegal; (3) The evidence of the appraisal conclusion is obviously insufficient; (4) Other circumstances that cannot be used as evidence after cross-examination. If the conclusion of defect appraisal can be solved by supplementary appraisal, re-appraisal or supplementary cross-examination, it will not be re-appraised.