Evidence in Civil and Commercial Transactions

Article 114 — Article (114)

Part 10: Experts

1.Either litigant may request to disqualify the expert if a reason pertaining to him makes it probable that he will be unable to perform his task impartially. In particular, the expert may be disqualified if he is a relative or an in-law of one of the litigants up to the fourth degree; an attorney-in-fact of any litigant in his private business; a custodian or guardian of any litigant or an endowment administrator or the like; works for one of the litigants; or has outstanding litigation with one of the litigants unless such litigation arises after the appointment of the expert with the intent of disqualifying him. 2.A motion for disqualification may not be accepted by the litigant who called the expert at his choice, unless the reason for disqualification has occurred following his assignment. In all cases, a motion for disqualification may not be admitted after closing the pleading. 3.The expert shall be notified of the disqualification motion filed against him, and shall be given a time limit not exceeding (2) business days to respond thereto. 4.The court or the supervising judge, as the case may be, shall decide on the disqualification motion within (3) business days from the date of submission of the expert's response or from the expiry of the time limit prescribed for giving the response. The judgment rendered in the motion shall be final and non-appealable.

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