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Ordering an examination

How to order an examination, frame questions for the expert, which documents to provide and how long it takes.

How an economic examination is ordered depends on the type of proceedings. In civil, commercial and administrative cases the court appoints the expert by ruling — on a party's motion or of its own initiative. In criminal proceedings Articles 242 and 243 of the Criminal Procedure Code apply: the defence may engage an expert directly, while an investigator or prosecutor applies to the investigating judge. A separate route is a commissioned expert study outside the proceedings; its result is likewise filed with the court as evidence.

The most expensive mistakes happen not in the study itself but at the preparation stage. A question addressed to the wrong specialism, or drafted as a legal question, comes back as “the question could not be resolved”. An incomplete set of documents means a formal request from the expert for further materials and a suspended deadline — sometimes for months.

The workable sequence is therefore: first identify the specialism, then agree the minimum set of documents with the expert, and only after that put the questions into the ruling or the motion. This section covers how to frame questions, what an appointment ruling must contain, which documents to prepare, what drives timing and cost, and what a party should do once the examination has been ordered.

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Frequently asked questions

Who can order an economic examination?

In civil, commercial and administrative proceedings — the court, by its ruling. In criminal proceedings the defence engages an expert directly (Article 243 of the Criminal Procedure Code), while an investigator or prosecutor needs a ruling of the investigating judge. Any person may also commission an expert study on a contractual basis and file the conclusion as evidence.

How should questions for the expert be worded?

The question must be economic, specific and measurable — naming the period, the counterparty, the contract or the document. Compare “were the company's actions lawful” (which the expert will decline) with “is the understatement of VAT liabilities for Q4 on transactions with company A supported by documents”. Agree the list with the expert before filing the motion.

Which documents must be supplied for the study?

The set is dictated by the specialism and the subject of the question, but the baseline is primary documents, accounting registers, reporting and contracts for the period under study. They are submitted as originals or duly certified copies, organised and complete: a selective bundle of convenient documents only lengthens the study.

What determines how long an examination takes?

Above all the volume of documents, the number and complexity of the questions, and how complete the materials are. Time stops running when the expert requests further documents and resumes once they arrive. The real timeline is therefore set while the materials are being prepared, not during the study itself.

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