projekte
S 88 44 ΓÇó Late objection to appointed expert remains admissible
S 88 44Übriges Gericht29.04.1991Not Examined
The court held that, even if a party fails to object within the deadline set for comments on a proposed expert, the late objection is not rendered irrelevant. The missed deadline may, however, be taken into account later when deciding costs. The excerpt does not contain the operative part of the decision.
§ 93 Abs. 2 VRG; expert challenge and late objection; failure to comply with a judicially fixed deadline does not per se extinguish the party’s right to object to the proposed expert. Where the law does not prescribe a specific expert, the parties must be afforded an opportunity to raise objections, and the recusal rules of §§ 14–16 VRG apply by analogy. Non-compliance with the deadline may instead be considered at the stage of costs under § 15 Abs. 3 VRG (consid. 3).
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