Judicial principles and studies
Expert Disclosure as a Public-Order Rule
Decision reference: تمييز حقوق هيئة عامة رقم (٢١٢٥/٢٠٢٥)
Court of Cassation jurisprudence interprets the civil procedure provision as requiring experts to be qualified, impartial and to disclose any circumstances that may affect their neutrality. A false or omitted disclosure nullifies the expert report and requires refund of fees; the rule is of public order.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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Court of Cassation jurisprudence interprets the civil procedure provision as requiring experts to be qualified, impartial and to disclose any circumstances that may affect their neutrality. A false or omitted disclosure nullifies the expert report and requires refund of fees; the rule is of public order.
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Subject
The provision in the civil procedure framework governs the expert’s obligations when appointed: to possess the necessary scientific, technical or professional qualification, to perform the task with impartiality and honesty, and to disclose any circumstances that could raise doubts about the expert’s independence or neutrality toward the parties, their representatives, or the court. Court of Cassation case law has clarified the scope of this duty.
Summary
A disclosure by the expert that is proven false, or a failure to present such disclosure, leads to nullification of the expert report and obliges the expert to return the fees received. This requirement is a matter of public order and cannot be overridden even if none of the litigants raises it. This is a general educational summary, not a judicial text or legal advice.
Practical significance
Practically, the rule makes disclosure about potential conflicts or doubts regarding the expert’s neutrality a fundamental condition for the report’s validity. Breach of that condition results directly in annulment of the report and restitution of fees, as reflected in the cited jurisprudence.
Frequently asked questions
Subject?
The provision in the civil procedure framework governs the expert’s obligations when appointed: to possess the necessary scientific, technical or professional qualification, to perform the task with impartiality and honesty, and to disclose any circumstances that could raise doubts about the expert’s independence or neutrality toward the parties, their representatives, or the court. Court of Cassation case law has clarified the scope of this duty.
Summary?
A disclosure by the expert that is proven false, or a failure to present such disclosure, leads to nullification of the expert report and obliges the expert to return the fees received. This requirement is a matter of public order and cannot be overridden even if none of the litigants raises it. This is a general educational summary, not a judicial text or legal advice.
Practical significance?
Practically, the rule makes disclosure about potential conflicts or doubts regarding the expert’s neutrality a fundamental condition for the report’s validity. Breach of that condition results directly in annulment of the report and restitution of fees, as reflected in the cited jurisprudence.
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