Section IV. Expert Testimony
143. (Offer and scope of expert testimony)
1. The court may order expert testimony based on an offer thereof from a party.
2. When expert testimony is offered, a document that includes the matters on which
the expert testimony is sought shall be submitted at the same time. However,
where an unavoidable reason exists, the document may be submitted within a time
period set by the court.
3. The court shall hear the opinions of the other party regarding the offer described
in Paragraph 2.
4. The court shall determine the subject matter and scope of the expert testimony
based on the document submitted pursuant to Paragraph 2 after hearing the
opinions of the other party in accordance with Paragraph 3. In this case, the
document containing the subject matter and scope of the expert testimony shall be
provided to the expert witness.
144. (Designation of expert witness, duty to give expert testimony)
1. Expert witnesses shall be designated by the court.
2. Any person having the necessary education and experience to provide expert
testimony has the duty to provide such testimony.
3. A person cannot serve as an expert witness in the following situations:
(a) the expert witness or the spouse or other relative of the expert witness
could be prosecuted for or found guilty of a crime as a result. This shall
also apply where the expert testimony would bring humiliation or
disgrace on such person;
(b) the subject matter of the expert testimony involves official secrets held
by a current or former public official. However, this shall not apply
where the approval of the government agency supervising the activities
of such official is obtained; Such supervising government agency may
not refuse to give its approval, except in cases where granting such
approval might harm the public interest or significantly hinder the
exercise of public duties;
(c) the subject matter of the expert testimony involves facts that were learned
by a current or former doctor, dentist, midwife, nurse, pharmacist,
attorney or clergyman in the course of his/her professional duties, and
that should remain confidential; and/or
(d) the subject matter of the expert testimony involves technological or
business secrets.
4. The supervising government agency referred to in subparagraph (b) of Paragraph
3 shall be, with regard to a current or former senator, the Senate, with regard to a
current or former member of the National Assembly, the National Assembly, and
with regard to a current or former member of the government, the Cabinet.
5. The provisions of subparagraphs (b) through (d) of Paragraph 3 shall not apply
where the expert witness has been released or exempted from the duty to maintain
confidentiality.
145. (Challenge of expert witness)
1. Where circumstances exist that would hinder an expert witness from testifying in
good faith, a party may challenge the expert witness before the expert witness
makes any statement regarding the subject matter of the expert testimony. Such a
challenge may be made even after the expert witness makes a statement, where
the grounds for the challenge arise or the party learns of such grounds after the
making of the statement.
2. A motion to challenge shall be made in writing, except in the case where it is
made on a court date.
3. The grounds for challenge shall be proved to a preliminary showing.
4. No objection may be made to a ruling upholding a challenge.
5. A Chomtoah appeal may be made from a ruling denying a challenge.
146. (Method of making expert witness statement, questioning by expert witness,
etc.)
1. The court may allow an expert witness to present his/her opinions verbally or in
writing.
2. Where necessary for the giving of expert testimony, an expert witness may attend
the court hearing and ask the court to examine a party or a witness, or may, with
the court's permission, question a party or witness directly.
147. (Mutatis mutandis application of provisions regarding examination of
witnesses, method of administering oath)
Except as otherwise provided, the provisions of BOOK II, Chapter III, Section II of this
Code (Examination of witnesses) shall apply mutatis mutandis to the examination of an
expert witness, except that the provisions of Article 132 (Duty to serve as witness),
Paragraph 2 shall not apply.
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