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| GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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| 09:27 Jul 20, 2008 |
| Italian to English translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Alison Kennedy Italy Local time: 09:19 | ||||||
Grading comment
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| Summary of answers provided | ||||
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| 5 +1 | At pre-trial stage - Court-appointed expertise |
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| Discussion entries: 3 | |
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peer agreement (net): +1At pre-trial stage - Court-appointed expertise Explanation: A CTU as it is called is when a judge needs an independent assessment or technical expertise on a certain question (one of the last cases I had regarded a Spanish client that refused to pay the balance on a machine they purchased because, according to them, it was not fit to produce the PET trays as per their technical specifications - the case was further complicated by the Italian machine manufacturer being declared bankrupct and going into liquidation). When the judge may not fully understand the technical implications, he/she will order a CTU and appoint an expert. The parties to the case may also appoint their own experts (CTP - consulenti tecnici di parte). By the way, the above case was settled out of court. Alison -------------------------------------------------- Note added at 38 mins (2008-07-20 10:05:06 GMT) -------------------------------------------------- Wendell - thanks for your comments. Under Italian civil procedural law for dispute resolution , the judge will only ask for a CTU before hearing a case and fixing the date for deciding on the merits. This stage is also often used to try and get the parties to a case to settle and a CTU may well have instructions from a judge to work in this direction. This means a lot of "haggling". In the case I mentioned above, I sat through 12 hours of "negotiations" with no food and one glass of water - with poor expert (mechanical engineer) trying to keep the Italians and Spanish on their respective sides of the table! I would be wary about using "Discovery" as I think that this is a criminal/penal term. |
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