Judicial Experience between Theory and Practice

Published by Sader Legal Publishing in 2013
Presented by: Honorable Judge John Azzi
Paperback, 304 pages
Written in Arabic and includes:
- The powers of the judiciary
- The appointment of experts
- Task execution
- Duties, responsibilities and penalties
- Legal references related to judicial experience
- Table of important judicial terminology, in Arabic and translation to English

The book was signed at the Lebanese Association for Certified Public Accountants (LACPA). This research on the subject of judicial experience is based on the rules and regulations governing judicial experience, through the provisions of Lebanese laws and principles set by the courts, especially appellate courts (courts of appeals) and courts of cassation.

This research included:

A. Explanation of the types of judicial expertise and its branches in Lebanon, the definition of technical expertise and how it differs from the concept of inspection and certification, and what the powers of the judiciary are in the resorting to judicial experts before and after dispute arises.

B. Definition of judicial experts, according to legislation on organizing their profession before the courts, where the types of judicial experiences were determined, as well as their enrollment, cases where the judge may resort to technical expertise, and how experts get appointed by the courts. Moreover, the research discussed their fees and expenses and the replacement and stepping down of the expert.

C. Explanation of a technical assignment, including the responsibility of the experts in adhering to the task and its timeline, as well as the obstacles they face and how to deal with them. This practical explanation encompasses the whole timeline of the assignment, starting with the appointment decision, informing the expert, the acceptance or rejection of the task by the expert, the expert calling upon the parties, interviewing witnesses, consulting with other experts, and finally issuing reports in accordance with the rules.

D. The expert's report, writing style, outline, contents, and its annexes. This research also identifies the objective of the report, and explains the penalties, errors and cases for invalidating the report. This book is a mentoring guide to those performing the duty of judicial experience. They can learn from it, realize their duties and responsibilities, and avoid falling into errors and accountability issues. The experts can also realize how to deliver their findings to stakeholders in an objective and scientific manner, such that is can be a strong reference and convincing argument upon which judges can base their decisions.