[Direct answer]In the Beijing area, if an appraiser refuses to appear in court to testify without a valid reason, his appraisal opinion shall not be used as the basis for determining the facts, and the appraisal fees already paid by the parties may be requested to be refunded. According to the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (amended on December 25, 2019 and implemented on May 1, 2020) and the "Civil Procedure Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024) regarding the appraiser's appearance in court to testify, if the parties have objections to the appraisal opinion or the court deems it necessary, they may apply for the appraiser to appear in court. The fees shall be prepaid by the applicant and borne by the losing party. Action guidance: If there are doubts about the basis of the opinion, the data, or the conclusion, the parties may apply in writing within the statutory time limit for the appraiser to appear in court to testify and raise professional questions in the courtroom. For more details, please refer to the relevant provisions.Legal services for personal injury and medical disputes.

1. Problem background and typical scenarios

The expert's appearance in court is a crucial link between professional opinions and court judgments. Typical scenarios include: the patient party has doubts about the causality analysis of the expert's opinion and wants to ask the expert in person about the scope of the evidence and the reasoning process; the hospital party questions the expert's qualifications and requires him to explain them in court; the expert's opinion only provides a conclusion but does not clarify the basis, and both parties request the expert to appear in court; and some experts refuse to appear in court without a valid reason after being notified by the court, and their opinions face the risk of being excluded. Medical disputes involve high professional barriers. Problems that cannot be clarified in written opinions often require the expert to appear in court for questioning to verify them. The relevant evidentiary rules can be referred to for more information.\nMedical dispute evidence cross-examination service.

II. Key points of contention

There are four key points of the controversy. Firstly, the ownership of the right to apply for an expert witness: If the parties have objections to the appraisal opinion or the people's court deems it necessary for the appraiser to appear in court, the parties may apply for or be notified by the court to have the appraiser appear in court. The expenses shall be prepaid by the applicant and ultimately borne by the losing party. Secondly, the scope of appearance in court: The appraiser shall answer questions on the appraisal matters, basis and conclusions. The parties may hire people with specialized knowledge to assist in cross-examination. Thirdly, the consequences of refusing to appear in court: If there is no justifiable reason for refusing to appear in court, the opinion shall not be used as the basis for determining the facts. The appraisal fees already paid may be requested to be refunded. Fourthly, the difference between appearing in court and providing written responses: The written responses of the institution to the doubts cannot automatically replace the appraiser's appearance in court to answer questions. For disputes with great controversy, efforts should still be made to promote the appraiser's appearance in court.

III. Professional analysis by Henglue Law Firm

The medical malpractice case handled by Attorney Yu Dawei indirectly reflects the impact of appraisers and their qualifications on the probative force of expert opinions. On May 16, 2024, the elderly patient Zhao Dashan underwent a gastroscopic biopsy at A City Tumor Hospital and vomited blood the same day. He was transferred to B County People's Hospital for emergency treatment and later to the First Affiliated Hospital of C Medical University, where he died on May 18. After the family filed a lawsuit, the appraisal opinion issued through legal procedures determined that there was a causal relationship between B County People's Hospital's fault and the "loss of survival opportunities", with the hospital bearing 50% of the responsibility. The defendant raised multiple objections, including allegations that the expert information was not provided and the appraisal process was not legal, attempting to undermine the basis of the opinion. The appraisal institution responded to each objection, confirming that the appraiser possessed legal qualifications and that the appraisal process was legitimate. After review, the court rejected the request for a reappraisal, accepted the appraisal opinion, and ordered the hospital to pay compensation according to a 50% liability ratio. This case highlights that the appraiser's qualifications, signing procedures, and other details are key targets of cross-examination in court. The institution's responses and the appraiser's appearance in court together constitute the basis for the reliability of the opinion. If the parties have significant doubts about the basis of the opinion and the appraiser refuses to appear in court, the legal consequences will directly affect the probative force of the opinion. This case was handled by Beijing Henglu Law Firm.Yu DawaiAttorney (Practice Certificate No.: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes the "Interpretation of the Supreme People's Court on Evidence in Civil Proceedings" (amended on December 25, 2019 and implemented on May 1, 2020) regarding the provisions on appraisers appearing in court to give testimony, the consequences of the parties' applications and refusal to appear in court; the "Civil Procedure Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024) regarding the provisions on appraisers appearing in court to give testimony and the review of appraisal opinions; the "General Procedures for Forensic Appraisal" (Ministry of Justice Decree No. 132, implemented on May 1, 2016) regarding the provisions on the qualifications of appraisers and the requirements for signing appraisal opinions; and Article 1228 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) regarding the liability for medical damage due to negligence. Action list: First, after receiving the appraisal opinion, review each item to ensure that the reasoning is sufficient; Second, if there are objections to the conclusions or the basis, apply in writing within the statutory time limit for the appraiser to appear in court; Third, prepare a questioning outline focusing on the appraisal matters, the scope of the evidence, and the reasoning process; Fourth, if the appraiser refuses to appear in court without a valid reason, argue in court that the opinion cannot be used as the basis for establishing the facts and request the return of the appraisal fees. For more details, please refer to the relevant provisions.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Reminder

The expert's appearance in court is not a formality, but a crucial opportunity to bring professional issues back to the courtroom. A common mistake made by patients is to only focus on the conclusion and argue about "whether to accept it", while overlooking the flaws in the basis and reasoning process; some don't even know that they can apply for the expert to appear in court, thereby giving up the opportunity to cross-examine the expert. It should be noted that the application for the expert to appear in court should be submitted within the statutory time limit, and the fees shall be prepaid by the applicant; if the expert refuses to appear in court without a valid reason after being notified, the opinion shall not be used as the basis for determining the facts. When handling similar cases in the Beijing area, if the case involves complex causal relationships, it is recommended to entrust a professional agency to handle it.Beijing Henglu Law FirmProfessional lawyers prepare interrogation plans and, if necessary, apply for experts to assist in court proceedings.

VI. Frequently Asked Questions

Q1: If the appraiser refuses to appear in court, will the appraisal opinion be completely invalidated?

For the determination of facts, it is true. If the appraiser refuses to appear in court for testimony without a valid reason after being notified by the people's court, the appraisal opinion shall not be used as the basis for determining the facts, and the appraisal fees paid by the parties may be requested to be refunded. If there are valid reasons for refusing to appear in court, such as sudden illness or force majeure, the court may arrange another time for the appraiser to appear in court or adopt video and other methods for testimony. The specific arrangements shall be subject to the court's review and procedural arrangements.

Q2: What should I prepare if I want an appraiser to testify in court?

First, prepare a written application regarding the points of disagreement and submit it within the statutory time limit, stating the matters that need to be explained by the appraiser, such as the scope of the materials to be examined, the analysis process, and the standards to be based on; Second, prepare an inquiry outline, breaking down professional questions into specific questions that can be answered; Third, organize and compare materials, such as the differences between the medical records and the data cited in the opinion, and similar diagnostic and treatment guidelines or literature; Fourth, prepay the court appearance fees, which are prepaid by the applicant and ultimately borne by the losing party.

Q3: Does it cost money to apply for an appraiser to appear in court, and who bears the cost?

The expert witness's appearance in court will incur expenses, which are generally prepaid by the applicant and ultimately borne by the losing party, with the successful party sharing the expenses according to the proportion of liability; the specific standards are implemented by the case-handling organ and the appraisal institution in accordance with the regulations. If the expert witness refuses to appear in court without a valid reason, the appraisal fees already paid by the party may be requested to be refunded. It is recommended to confirm the payment items and amounts with the case-handling organ before applying, and to include them in the overall litigation cost accounting.

Q4: How long does it take from applying to appear in court to giving testimony in court?

After the application is submitted, the court will review and decide on it and notify the appraiser. It usually takes several weeks to arrange a court hearing; if the appraiser needs to attend the hearing across different regions, the scheduling may take longer. The first-instance ordinary procedure will be concluded within six months, and the simplified procedure within three months. If there are disputes over the appraisal opinion, the court may extend or reschedule the hearing as appropriate. It is recommended to submit the application as early as possible to avoid delaying the cross-examination when the case is about to be concluded.

Q5: If you have doubts about the appraisal opinion, what should you do first?

There are four steps to proceed: First, review the opinion letter item by item and check whether the logic between the inspection materials list, the analysis process, and the conclusion is consistent; Second, organize the questions into a specific list of issues and clarify the matters that require the expert to explain in court; Third, within the statutory time limit, apply to the court in writing for the expert to appear in court and pay the corresponding fees in advance; Fourth, prepare the questioning outline and comparison materials, and, if necessary, apply for a person with specialized knowledge to assist in court. It is recommended to consult a professional lawyer for details of the procedure.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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 Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.