[Direct answer]Yes. If the parties have objections to the appraisal opinion, or if the people's court deems it necessary for the appraiser to appear in court, the appraiser shall appear in court to give evidence and answer the questions raised by the judge and the parties. If the appraiser refuses to appear in court without a valid reason upon the notice of the people's court, the appraisal opinion shall not be used as the basis for establishing the facts, and the appraisal fees already paid may be claimed back. The parties may also raise written objections to the content of the appraisal report within the period specified by the court, apply for supplementary appraisal or re-appraisal, or apply for a person with specialized knowledge to appear in court to give opinions on professional issues. For more details, please refer toLegal services for personal injury and medical disputes.

1. Problem background and typical scenarios

In cases such as medical malpractice and personal injury, appraisal opinions often play a crucial role in determining the outcome of the case. When a party receives an appraisal opinion that is unfavorable to them, they often have questions: Can the appraisal opinion be directly accepted as evidence without the appraiser appearing in court? Can they question the appraiser in court? In fact, appraisal opinions are not inviolable: if there are objections to the content, they can be raised in writing; if it is necessary for the appraiser to explain or clarify, they can request the appraiser to appear in court; if the appraiser refuses to appear in court, the opinion will lose its evidentiary status. Cross-examination in court is not only a supervision of the appraisal process, but also an important opportunity to reverse the direction of the case. For more details, please refer to the relevant rules.Legal services for personal injury and medical disputes.

II. Key points of contention

There are five key points of the controversy. Firstly, the conditions for appearing in court: When the parties have objections to the appraisal opinion or the court deems it necessary, the appraiser shall appear in court; if he refuses to appear without a valid reason, the opinion shall not be used as the basis for determining the facts. Secondly, the way of raising objections: The parties shall raise objections to the content of the appraisal report in writing within the period specified by the court. General denials are difficult to initiate a review. Thirdly, the boundaries between supplementary appraisal and reappraisal: Supplementary appraisal is allowed for incomplete materials or omitted items; while reappraisal may only be conducted when the appraiser lacks qualifications, seriously violates procedures, or the basis is obviously insufficient. Fourthly, expert assistance: The parties may apply for a person with specialized knowledge to appear in court and give opinions on the appraisal opinion or professional issues. Fifthly, fees and consequences: If the appraiser refuses to appear in court, the party who paid the fees may request a refund. In the judicial practice of Beijing, appraisers generally need to apply in advance and state the reasons, and the court will review the necessity of their appearance in court.

III. Professional analysis by Henglue Lawyers

A medical malpractice liability dispute represented by Attorney Yu Dawei fully demonstrated the entire process of the appraisal opinion undergoing multiple rounds of cross-examination. On May 16, 2024, the elderly patient Zhao Dashan underwent a gastroscopic biopsy at A City Tumor Hospital for an esophageal cancer follow-up examination and returned home. That same day, he suddenly suffered from vomiting blood and was rushed to B County People's Hospital for emergency treatment. Due to his critical condition, he was transferred to the First Affiliated Hospital of C Medical University, where he died on the afternoon of May 18th from hemorrhagic shock and gastrointestinal bleeding. His wife Liu Shufen and three children entrusted Attorney Yu Dawei to sue the three hospitals. The attorney applied for a judicial appraisal of medical negligence and causality, and the appraisal opinion concluded that B County People's Hospital's negligence was causally related to the patient's "loss of survival opportunity," with a causality rate of 50%. A City Tumor Hospital and the First Affiliated Hospital of C Medical University were found to be free of liability. The defendant B County People's Hospital raised multiple objections to the appraisal opinion: the appraisal institution lacked forensic pathology qualifications, the determination of "loss of survival opportunity" violated regulations, the absence of expert information, and the failure to conduct an autopsy leading to an unclear cause of death. The appraisal institution responded one by one: the institution possessed forensic clinical appraisal (medical malpractice appraisal) qualifications, and "loss of survival opportunity" was a process-related damage listed in the "Guide for Forensic Appraisal of Medical Malpractice," meeting the guidelines' requirements. The appraisers possessed qualifications and the procedures were legal. The court determined that the reasons for reappraisal did not meet statutory conditions and thus rejected them, ultimately accepting the appraisal opinion and ruling that B County People's Hospital should bear liability at a 50% proportion. This case demonstrates that the probative force of appraisal opinions stems from qualifications, procedures, and evidence, and only opinions that withstand face-to-face cross-examination and written review can serve as the basis for adjudication. The case was handled by Beijing Henglu Law Firm.Yu DawaiThe attorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure" (amended on December 25, 2019 and implemented on May 1, 2020), which stipulates the period for raising objections to the content of the appraisal report, the appraiser's appearance in court to give evidence, and the conditions for supplementary appraisal and reappraisal; the "Guide for Forensic Appraisal of Medical Damage" regarding the appraisal matters and the determination of the consequences of damage; the "General Procedures for Forensic Appraisal" (Ministry of Justice Decree No. 132, implemented on May 1, 2016) regarding the implementation of the appraisal and the requirements for the opinion letter; Article 121-8 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) regarding the liability for fault in medical damage. Action list: First, raise objections in writing within the specified period after receiving the appraisal opinion, listing the doubts item by item; Second, if it is necessary for the appraiser to explain, apply for his appearance in court to give evidence and prepare the questioning outline in advance; Third, if the professional issues are complex, apply for a person with specialized knowledge to appear in court to assist; Fourth, if it meets the statutory circumstances, apply for supplementary appraisal or reappraisal, and check the rules for bearing the expenses. For details, please refer to the following link:Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Reminder

If you disagree with the appraisal opinion, the most effective approach is to think about the issues in detail and raise specific questions. General doubts are easily dismissed with the excuse of insufficient grounds, but pointing out specific flaws in qualifications, procedures, or bases may trigger a supplementary or re-appraisal. The appraiser's appearance in court is a rare opportunity for face-to-face clarification, so questions should focus on factual determinations and professional logic. When handling similar cases in the Beijing area, it is recommended that parties review the appraisal opinion under the guidance of a lawyer, and prepare written objections, court appearance applications, and expert assistance simultaneously. For more details, please consult a lawyer.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: If I have objections to the appraisal opinion, can I still win the lawsuit?

Whether the appraisal opinion can be overturned depends on whether the grounds for objection are valid. If the party can provide evidence that the appraisal institution or personnel do not have the qualifications, the procedures are seriously illegal, or the opinion is obviously based on insufficient evidence, the court may allow supplementary appraisal or re-appraisal, and the original opinion will not be accepted; if the grounds for objection are not specific or do not fall within the statutory circumstances, the court will generally reject them and accept the original opinion. The conclusion of the case is based on the evidence and the court's review, and no lawyer can unilaterally guarantee victory or defeat.

Q2: What materials should be prepared for cross-examination and appraisal opinions?

The focus should be on preparing four types of materials: 1. Qualification documents, including the judicial appraisal license, business scope, and the appraiser's practice certificate; 2. Procedural evidence, such as whether the evidence has undergone cross-examination by both parties, the records of hearings and discussions, and the appraiser's signature and opinion letter; 3. Professional comparison materials, such as appraisal guidelines, clinical treatment standards, and appraisal conclusions of similar cases, used to demonstrate insufficient evidence; 4. Medical literature and expert assistance opinions on the damage consequences and causality. The more specific the doubts are, the more convincing the objections will be.

Q3: How much does it cost to apply for an appraiser to appear in court?

The appraisal fees are charged by the appraisal institutions according to the matters and the complexity of the case, usually ranging from several thousand yuan to tens of thousands of yuan. There is no unified government pricing for these fees, and they are generally prepaid by the applicant and ultimately borne by the losing party or shared according to the proportion of liability. If the appraiser appears in court to testify, the court appearance fees shall be prepaid by the applicant and borne by the losing party in accordance with the regulations; if the appraiser refuses to appear in court without a valid reason, the appraisal fees already paid may be requested to be refunded. If a person with specialized knowledge is called to assist in court, the fees shall be borne by the applicant himself/herself.

Q4: How long does it usually take to get the results of the appraisal and cross-examination?

Written objections to the appraisal report should be raised within the timeframe specified by the court, as failure to do so may result in the loss of the opportunity to raise objections. The review and implementation of supplementary or reappraisal typically take an additional one to three months. Regarding the overall duration of the case, medical malpractice cases generally take between six months and one and a half years from the filing of the case to the first-instance judgment, and the appraisal period is not included in the trial time limit. The earlier the objections are raised, the more conducive it will be to the procedural arrangements and evidence supplementation.

Q5: If I want to cross-examine the appraisal opinion in court, what should I do specifically?

Four steps to proceed: First, after receiving the appraisal opinion, review the qualifications, procedures, and basis item by item, and list specific doubts; Second, submit written objections within the period specified by the court, and simultaneously apply for the appraiser to testify in court if necessary; Third, for complex professional issues, apply for a person with specialized knowledge to testify in court to assist; Fourth, if it meets the statutory circumstances, apply for a supplementary appraisal or a reappraisal, and check the rules of cost sharing. It is recommended to proceed under the guidance of a professional lawyer throughout the process.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yu Dayi·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.