Law Regulating Expert Services
State of Kuwait · 46 stored articles
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- Article 1Experts registered in the roll of experts at the time this Law enters into force shall continue their work, and no one may be registered in the roll in place of those…
- Article 2The experts currently serving in the General Department of Experts or entered on the roll of experts when this Law comes into force shall swear an oath before one of the…
- Article 5If the deposit is not lodged by the litigant required to lodge it or by any other litigant, the expert shall not be obliged to perform the assignment. The court may…
- Article 6An indigent litigant may be temporarily exempted from paying the deposit if the value or circumstances of the dispute disclose grounds justifying this. In this case, the…
- Article 7In cases exempted from fees by a decision of the Fee Exemption Committee, experts of the General Department of Experts shall be appointed to perform the expert work.…
- Article 8If an expert wishes to be excused from performing his assignment, either at the outset or during its performance, he must notify the authority that appointed him. In the…
- Article 9If an expert who is not employed by the General Department of Experts is appointed in a particular branch of expertise and it then becomes apparent to him that the…
- Article 10The expert shall commence his work at the time specified in the judgment or decision. If he is unable to do so, he shall set a date for commencing his work no later than…
- Article 11The expert shall hear the statements and observations of the litigants and shall hear—without an oath—the statements of anyone he considers should be heard. If a…
- Article 12The litigants shall appear before the expert in person or through a representative. The representative must establish his authority to represent his principal. It shall…
- Article 13The expert must draw up a record of the work he has performed, containing a statement of the litigants' attendance, their statements and observations, signed by them…
- Article 14The expert shall deposit his report and the records of his work with the Registry, and shall also deposit all the papers delivered to him and a statement of working days…
- Article 15If the expert does not deposit his report within the time limit set by the court, and there is no justification for his delay, he may be sentenced to a fine of not less…
- Article 17The expert's fees and expenses shall be assessed by an order issued upon petition by the president of the circuit that appointed him or by the judge of the Summary Court…
- Article 18The expert and every party to the proceedings may lodge a grievance against the order assessing experts' fees and expenses in accordance with the procedures for…
- Article 19The General Department of Experts shall, through such employees as it delegates, claim fees and expenses, challenge orders and judgments concerning their assessment, and…
- Article 20The Minister of Justice shall issue a decision specifying the principles and controls governing the assessment of experts' fees and expenses. An expert may be challenged:
- Article 21A- If he is the spouse of one of the litigants or is related to him by blood or marriage up to the fourth degree, or if he or his wife has an existing dispute with one…
- Article 22An application for recusal shall be made by an action brought against the expert in the ordinary manner before the court that appointed him, within the fifteen days…
- Article 23The judgment issued on the application for recusal may not be challenged by any means of appeal. Chapter Three: Experts on the Roll
- Article 24The General Department of Experts shall be composed of a head with the rank of Assistant Undersecretary, one or more deputy heads with the rank of Department Director,…
- Article 28A person appointed to expert posts must satisfy the following conditions, in addition to the conditions set out in the Civil Service Regulations: a- He must hold a…
- Article 29As an exception to the provisions of the preceding Article, the Minister of Justice may second to work in the General Department of Experts certain Kuwaitis familiar…
- Article 30An expert of the General Department of Experts shall be granted a work-nature allowance, to be determined by a decision of the Civil Service Council.
- Article 32Without prejudice to the aforementioned Civil Service Law, an expert of the General Department of Experts may not combine his position with engaging in commerce or any…
- Article 33The Minister of Justice may impose the penalty of a warning or deduction from salary for a period not exceeding fifteen days. The expert shall be notified of the…
- Article 34A Disciplinary Council constituted as follows shall have jurisdiction to discipline the head of the General Department of Experts: a - The President of the Court of…
- Article 35Disciplinary proceedings against experts of the General Department of Experts shall be instituted by a decision of the Minister of Justice. He may order the suspension…
- Article 36The decision referring the matter to the Disciplinary Board must include the charge brought against the expert and the evidence supporting it. The expert shall be…
- Article 37At the commencement of the disciplinary trial, the Disciplinary Council shall decide whether to continue withholding payment of the expert's salary or to pay it in whole…
- Article 38Disciplinary trial hearings shall be held in camera. The expert shall appear in person before the Board. He may appoint a lawyer to defend him and may submit his defence…
- Article 39The disciplinary penalties that may be imposed on an expert are: a- Censure. b- Deduction from salary for a period not exceeding three months. Law Index 736 Home Page…
- Article 40The judgment rendered in the disciplinary action shall be final. It must contain the reasons on which it is based. Chapter Three Experts on the Register
- Article 41There shall be at the Court of First Instance a committee called the (Roll Experts Committee), composed of: a- The President of the Court of First Instance or his…
- Article 42An expert may challenge the decision excluding him by a declaration deposited with the Registry of the Court of First Instance within ten days of service of the decision…
- Article 43An expert accepted for entry in the roll shall, before practising his work, swear an oath before one of the chambers of the Court of Appeal that he will perform his work…
- Article 44Every expert whose name is entered on the roll shall have a file at the Court of First Instance and at the General Department of Experts, in which observations…
- Article 45The court registries shall, after determination of the case, furnish the General Department of Experts with a copy of every report submitted by an expert on the roll,…
- Article 46The President of the Court of First Instance shall notify the expert on the roll, by registered letter, of a copy of any complaint submitted against him, for him to…
- Article 47An expert on the register may be referred for disciplinary trial if he commits an act affecting integrity, honesty, and good reputation, breaches any of his duties,…
- Article 48The penalties that the Committee may impose on experts on the register are: a - Censure. b Suspension from work for a period not exceeding one year. c - Removal of the…
- Article 49The provisions of Articles 35, 36, 38 and 40 of this Law shall apply to disciplinary trials of registered experts.
- Article 50The expert may seek the assistance of a compulsory stand to inspect facilities and places that must be inspected or entered to carry out the assignment he has been…
Articles 51 – 1003
- Article 51The Minister of Justice shall issue decisions regulating technical inspection of the work of the experts of the General Department Law Index 738 Home Page Law Regulating…
- Article 53Except in cases of flagrante delicto, no investigative procedure or arrest may be undertaken against an expert of the General Department of Experts until the Head of the…
- Article 54Recourse may be had to the “Electronic Expertise System” of the Directorate General of Experts, using the approved electronic signature. This system shall encompass all…