Article 28 of Several Provisions of the Supreme People's Court on Evidence in Civil Litigation (Fa Shi [2001] No.33): If one party entrusts the relevant department to make an appraisal conclusion and the other party has sufficient evidence to refute and apply for re-appraisal, the people's court shall allow it. (Submitted within the time limit for adducing evidence)
Article 27 If a party disagrees with the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for re-appraisal, the people's court shall allow it: (Not limited by the time limit for adducing evidence)
(a) the appraisal institution or appraiser does not have the relevant appraisal qualifications;
(2) The appraisal procedure is seriously illegal;
(3) The evidence of the appraisal conclusion is obviously insufficient;
(4) Other circumstances that cannot be used as evidence after cross-examination.
If the conclusion of defect appraisal can be solved by supplementary appraisal, re-appraisal or supplementary cross-examination, it will not be re-appraised.
Second, the actual operation of editing this paragraph
1, apply for re-appraisal;
(The court informs the other party; There are original medical records, X-rays, etc. Copy a medical record and submit it to the court)
2. court transcripts;
(Both lawyers/parties present)
(The opposing lawyer checks the original and photocopy of the medical record-is it stamped with the hospital seal? Ask for a cover)
(Signed by both lawyers/parties)
(Deliver a copy of medical record)
(The court computer randomly selects the appraisal institution)
3. identification.
3. From what aspects did the lawyer cross-examine the Appraisal Letter? Edit this paragraph
1, the name of the client and the entrusted appraisal content;
2. Materials entrusted for evaluation;
3, the basis of identification and the use of scientific and technological means;
4. Description of the evaluation process;
5. Clear appraisal conclusion;
6. Qualification description of appraisers;
7. Signature and seal of appraisers and appraisal institutions.
# If the party who bears the burden of proof for matters that need to be appraised fails to apply for appraisal or pay appraisal fees in advance or refuses to provide relevant materials within the time limit specified by the people's court without justifiable reasons, so that the appraisal conclusion cannot identify the disputed facts of the case, it shall bear the legal consequences of being unable to prove the facts.
# After the parties' application for appraisal is approved by the people's court, both parties shall determine the appraisal institution and appraiser with appraisal qualification through consultation; If negotiation fails, it shall be designated by the people's court.