Article 26 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings? After the people's court agrees to apply for appraisal, the two parties shall determine the appraisal institution and appraiser with appraisal qualification through consultation. If negotiation fails, it shall be designated by the people's court.
(A) the way to determine the assessment agencies and personnel
The parties may apply to the people's court for an appraisal on the specialized issue of finding out the facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court.
If the parties concerned do not apply for identification, and the people's court considers it necessary to identify specialized issues, it shall entrust a qualified appraiser for identification.
Choosing an authentication institution means that both parties need to go to the court and choose which judicial authentication institution to authenticate. If you don't give up your rights voluntarily, the court will also determine the appraisal institution for you ex officio, and generally there will be no consequences. However, in order to protect their own rights and interests, it is suggested to cooperate with the court to randomly select professional appraisal institutions.
The parties have the right to choose authentication institutions, and there are four ways to choose judicial authentication institutions:
1. Both parties can negotiate on the selection of judicial authentication institutions and entrust qualified authentication institutions.
2. Both parties can negotiate, and if consensus is reached, they can also apply to the people's court for the appointment of a judicial authentication institution.
3. Both parties can choose a judicial authentication institution from the list of national judicial authenticators and judicial authentication institutions, and write the names of four judicial authentication institutions in turn according to their own wishes.
4. If negotiation fails, both parties may apply to the court hearing the case to participate in the unified lottery of the Higher People's Court. After accepting the application, the Municipal Higher People's Court will focus on determining the time and determine the judicial authentication institution by random drawing. If the parties need to observe the process of drawing lots, they may apply to the people's court hearing the case.
Legal situation of applying for re-evaluation of extended data
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 it: first, the appraisal institution or appraiser does not have the relevant appraisal qualification; Second, the appraisal procedure is seriously illegal; Third, the appraisal conclusion is obviously insufficient; Fourth, other circumstances that cannot be used as evidence after cross-examination. Defective appraisal conclusions can be resolved through supplementary appraisal, re-appraisal or supplementary cross-examination without re-appraisal.
Effectiveness of self-evaluation
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.
Obligation of appraisers to appear in court
If the parties have objections to the expert opinion or the people's court considers it necessary for the expert to appear in court, the expert shall testify in court. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for ascertaining the facts; The party who paid the appraisal fee may request the return of the appraisal fee.
Expert assistant
The parties may apply to the people's court to notify people with specialized knowledge to appear in court and express their opinions on the expert opinions or professional issues put forward by the appraisers.
Baidu Encyclopedia: Judicial Appraisal