Article 341 of Law 1 / 2000, of January 7, Procedure Civil provides in its first number, which in January of each year are interested in the various professional associations or, failing that, of similar entities, as well as academies and cultural and scientific institutions referred to the second paragraph of the previous article, send a list of schools or members willing to act as experts.
Moreover, according to the second number therein, when be designated expert or person with no official title, practice, or understood in the art following a summons to the parties, made the appointment for the procedure in paragraph above, being used for this a list of people who each year request of unions, associations and other appropriate entities, and should consist of at least five of those people.
This Instruction is developed in a strictly governmental decree, without affecting what each process can decide according to the procedural laws. However, since the effective exercise of judicial power presupposes the availability of the relationships inferred from Article 341 of the LEC, is why the General Council of the Judiciary has understood coordinated in a uniform way governmental activity developed in this area.
This Instruction, prepared after extensive hearing process, is issued to take whatever further determinations as may be necessary and part of the lessons learned from implementing the new Civil Procedure Law. The goal is that next January is ensured by the courts availability of these aids the judiciary, whose importance is growing in view of the increasing technical complexity of the issues raised in the various procedures.
In these circumstances, the Plenum of the Supreme Judicial Council, in accordance with Articles 104.2 and 12.3 of Law 6 / 1985 of 1 July, the Judiciary, its meeting on December 19, 2001, has agreed to approve the Instruction: First
.
In order for courts to have the tools necessary for effective performance of their judicial power in January of each year the Presidents of the Superior Courts of Justice ensure that you are available to various jurisdictions of territorial demarcation official relationship or related professional associations that can act as Specialists to request, ensuring that the relationship is unique to each profession or activity.
Segundo.
The Presidents will preferably relations which have been already elaborated by the competent authorities in the field of human and material resources in the service of the Administration of Justice and relationships available to the provincial courts and the Deans and common services to its territory. Third
.
In the absence of such relationship, or being the same inadequate for the needs of the various bodies and court systems, may be interested directly from the General Councils of the autonomous or professional associations within its boundary. Fourth
.
Submissions The Chairman referred to this effect, seeking to interest the lists should be sent preferably in electronic format, updated at least annually, and that includes the list of colleges willing to act as Surveyors, indicating judicial venues in which they could intervene, according to their place of business or other circumstances resulting from the service organization expert performances by the professional corporation. They provide all necessary personal and professional circumstances and in particular, data that can ensure communication with these professionals, such as business address, mailing address, phone, fax, email or other available to the professional corporation.
Quinto.
provided lists are made available to the Courts for them to make judicial decisions they deem appropriate.
Madrid, December 19, 2001.
The President of the Supreme Judicial Council,
Hernando Santiago.
Moreover, according to the second number therein, when be designated expert or person with no official title, practice, or understood in the art following a summons to the parties, made the appointment for the procedure in paragraph above, being used for this a list of people who each year request of unions, associations and other appropriate entities, and should consist of at least five of those people.
This Instruction is developed in a strictly governmental decree, without affecting what each process can decide according to the procedural laws. However, since the effective exercise of judicial power presupposes the availability of the relationships inferred from Article 341 of the LEC, is why the General Council of the Judiciary has understood coordinated in a uniform way governmental activity developed in this area.
This Instruction, prepared after extensive hearing process, is issued to take whatever further determinations as may be necessary and part of the lessons learned from implementing the new Civil Procedure Law. The goal is that next January is ensured by the courts availability of these aids the judiciary, whose importance is growing in view of the increasing technical complexity of the issues raised in the various procedures.
In these circumstances, the Plenum of the Supreme Judicial Council, in accordance with Articles 104.2 and 12.3 of Law 6 / 1985 of 1 July, the Judiciary, its meeting on December 19, 2001, has agreed to approve the Instruction: First
.
In order for courts to have the tools necessary for effective performance of their judicial power in January of each year the Presidents of the Superior Courts of Justice ensure that you are available to various jurisdictions of territorial demarcation official relationship or related professional associations that can act as Specialists to request, ensuring that the relationship is unique to each profession or activity.
Segundo.
The Presidents will preferably relations which have been already elaborated by the competent authorities in the field of human and material resources in the service of the Administration of Justice and relationships available to the provincial courts and the Deans and common services to its territory. Third
.
In the absence of such relationship, or being the same inadequate for the needs of the various bodies and court systems, may be interested directly from the General Councils of the autonomous or professional associations within its boundary. Fourth
.
Submissions The Chairman referred to this effect, seeking to interest the lists should be sent preferably in electronic format, updated at least annually, and that includes the list of colleges willing to act as Surveyors, indicating judicial venues in which they could intervene, according to their place of business or other circumstances resulting from the service organization expert performances by the professional corporation. They provide all necessary personal and professional circumstances and in particular, data that can ensure communication with these professionals, such as business address, mailing address, phone, fax, email or other available to the professional corporation.
Quinto.
provided lists are made available to the Courts for them to make judicial decisions they deem appropriate.
Madrid, December 19, 2001.
The President of the Supreme Judicial Council,
Hernando Santiago.
