A good question for an expert states what needs to be established, using which material and within what limits. It also helps determine whether the speciality matches the needs of the case. Instead of beginning with a lengthy description of the dispute, prepare a short list of technical issues. Then add which documents, devices or recordings may help clarify them.
First establish the procedure under which the report is prepared
In civil cases, Article 278 § 1 of the Code of Civil Procedure governs the court's use of expert opinions on matters requiring specialist knowledge. In criminal proceedings, the basis is Article 193 of the Code of Criminal Procedure, while Article 194 provides for an order specifying, among other things, the subject and scope of the examination and, where necessary, detailed questions. [1] [2]
A privately commissioned report does not, merely by being commissioned, become an opinion of an expert appointed in the proceedings concerned. It may help identify the issue, organise the material and prepare a party's position. In civil proceedings, the significance of a private document is described in Article 245 of the Code of Civil Procedure; in criminal proceedings, Article 393 § 3 of the Code of Criminal Procedure allows private documents created outside those proceedings to be read out. This does not mean that they automatically replace expert opinion evidence. [1] [2]
If an order admitting evidence already exists, begin with its wording. Clearly label questions for a private consultation and proposed questions to be submitted to the authority. If you have a legal representative or defence lawyer, agree with them how the report will be used in the specific case.
Connect the question to specific material
Each question can be prepared in three parts: the subject of the examination, the information sought and the source material. ‘Was the signature on page 3 of agreement A made by the person whose reference material appears in documents B–F?’ is more useful than a general instruction to verify the authenticity of the entire case file.
For a digital case, identify the device or data copy and the relevant period. For an accident, specify the vehicle, road section and stage of the incident. If you do not yet have the required material, the question can concern what data must be obtained to conduct the analysis.
Separate technical findings from legal assessment
An expert examination of a document, data or the course of an incident should clarify circumstances within the relevant speciality. Establishing whether a particular person bears legal responsibility requires a broader assessment of the case by the competent authority. When preparing questions, it is useful to turn a general concern into issues that can be examined:
- in a signature dispute: the writer, features of the examined material and limitations of comparison;
- for a file dispute: its available metadata, identified traces of operations and the limits of time interpretation;
- in a dispute about a road incident: movement, visibility or whether damage is consistent with a particular scenario.
The technical result itself may need to be compared with other evidence. For example, establishing that a file existed on a device does not resolve every question about the person who used it. It is worth asking about the limits of such inferences in advance.
Ask about alternatives and gaps too
Add: ‘What other explanations are consistent with the material?’, ‘Which assumptions have the greatest effect on the result?’ and ‘What cannot be established on this basis?’ This helps prepare an assignment that is open to the examination’s outcome, including when it does not confirm the initial assumption.
Do not embed the expected answer in the question. Instead of asking for confirmation that a document was altered, ask whether features potentially indicating interference were identified and what their possible explanations are. You may present your suspicions separately as a position requiring verification.
When an opinion already exists in the case
Prepare a list of specific passages that are unclear, omit material or require explanation. Identify the opinion page, the question and the related document. Article 286 of the Code of Civil Procedure provides for supplementation, clarification or an additional opinion; Article 201 of the Code of Criminal Procedure sets out the response to an incomplete, unclear or contradictory opinion. The appropriate authority makes the procedural decision. [1] [2]
For initial contact, the case topic, a short list of questions, a description of the material and any relevant deadline are sufficient. Send the scope of the planned consultation; this will help assess which issues the examination can cover.
Legal basis and sources
- Code of Civil Procedure—official consolidated ELI text, Articles 245, 278, 2781 and 286. Article 2781 applies separately to opinions commissioned by a public authority in other statutory proceedings.
- Code of Criminal Procedure—official consolidated ELI text, Articles 193–194, 201 and 393 § 3.
The provisions cited in this text were checked on 23 October 2026. The guide explains how to prepare questions; it does not assess the admissibility of evidence in an individual case.