Abstract
A forensic expert report is an important part of the evidence process in civil proceedings. An examination is possible both before the initiation of a civil case, and while its consideration. In some cases, it is expedient to conduct examination immediately, until the actual circumstances are not lost or changed, for example, in cases of property damage in fire, in water, in cases of vehicles damage in road accidents. An interested party has the right to ask a forensic expert to conduct an examination. However, according to the Civil Procedure Law of Latvia, the examination conducted at the initiative of one of the parties and not appointed by the court does not have the power to obtain a forensic expert opinion and is assessed as written evidence.
 The article is devoted to the issues of assessing a forensic expert report as evidence in civil procedure.
Highlights
The Law on Forensic Experts is the legal basis for conducting a forensic examination in Latvia
As the judicial practice shows, the problem arises in cases of assessment of the expert report, which was given during pre-trial procedure
The expert report is executed in writing, in accordance with Article 122 of the Code of Civil Procedure[11], the forensic expert may be questioned by the court at the hearing and, if necessary, the court may appoint an additional examination if, according to the court, a forensic expert report does not contain answers to all the questions raised, or the answers are unclear or incomplete
Summary
Відповідно до статті 121 Цивільно-процесуального закону Латвії висновок експерта є одним із засобів доказування. In such cases, the preference for other evidence to a forensic expert report, without proper argumentation, may cast doubt on the objectivity of the court. The expert report is executed in writing, in accordance with Article 122 of the Code of Civil Procedure[11], the forensic expert may be questioned by the court at the hearing and, if necessary, the court may appoint an additional examination if, according to the court, a forensic expert report does not contain answers to all the questions raised, or the answers are unclear or incomplete. Eiropas tiesu sistēmu efektivitātes komisija. https://www.echr.coe.int/Documents/ Handbook_access_justice_LAV.pdf [in Latvian]
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