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Abstract
This thesis examines the legal status and evidentiary value of expert opinions in civil litigation, focusing on their role within modern systems of civil procedure. In contemporary adjudication, the increasing complexity of disputes necessitates the involvement of individuals possessing specialized knowledge beyond the competence of judges. As a result, expert opinions have become a crucial means of proof, directly influencing the establishment of factual circumstances and the delivery of fair and reasoned judgments. The study analyzes the doctrinal foundations of expert participation, including the procedural rights and obligations of experts, their independence, and the legal framework governing their appointment and evaluation. The thesis further explores the discretionary power of judges in assessing expert opinions, emphasizing the principle that no piece of evidence shall have predetermined force. In addition, the research addresses key challenges associated with expert evidence, such as risks to impartiality, methodological deficiencies, and the potential overreliance of courts on expert conclusions.
References
1. Civil Procedure Code of the Republic of Uzbekistan. (Legislation of the Republic of Uzbekistan.)
2. Basic Principles on the Independence of the Judiciary. Forensic Science literature on expert methodology and evidentiary standards (various authors).
3. Adrian Zuckerman. Zuckerman on Civil Procedure: Principles of Practice. London: Sweet & Maxwell, 2021.
4. Neil Andrews. English Civil Procedure: Fundamentals of the New Civil Justice System. Oxford: Oxford University Press, 2019.
5. Gary Edmond and David Mercer. “Expert Evidence and the Courts: The Need for Reliability and Accountability.” International Journal of Evidence & Proof, 2018.
6. John H. Wigmore. Evidence in Trials at Common Law. Boston: Little, Brown and Company, reprint edition, 2020.
7. Organisation for Economic Co-operation and Development. Guidelines on Expert Evidence and Scientific Advice in Judicial Proceedings. Paris, 2020.
8. David P. Leonard. The Law of Evidence. 7th Edition. New York: LexisNexis, 2021.