In our daily lives, we will inevitably fight lawsuits with others, but in some special lawsuits, it is necessary to conduct forensic evaluation. Judicial appraisal is one of the measures to help legal fairness and justice, if there is a non-conforming operation in the judicial appraisal, then the forensic appraisal cannot have a legal effect, and in the lawsuit we are bound to encounter various difficulties, such as if the situation of irregular forensic appraisal occurs, then in the lawsuit, if the judicial appraisal is not satisfied, can the secondary appraisal be taken? The following is a description for everyone.
Judicial appraisal is an important piece of evidence to ascertain the facts of a case, and if the appraisal conclusion is wrong, it will inevitably lead to an erroneous outcome of the case, therefore, if the parties have objections to the appraisal conclusions made by the appraisal department entrusted by the people's court, they may apply for a new appraisal. The specific procedure is:
(1) Circumstances under which re-appraisal may be applied:
Where evidence is submitted to prove the existence of any of the following circumstances, the people's court shall grant permission:
(1) The appraisal body or appraisal personnel do not have the relevant appraisal qualifications;
(2) The appraisal procedures are seriously illegal;
(3) Where the appraisal conclusions are clearly insufficient;
(4) Other circumstances where it is determined upon cross-examination that it cannot be used as evidence.
Where defective appraisal conclusions may be resolved through methods such as supplementary appraisal, re-cross-examination, or supplementary cross-examination, re-appraisal shall not be made.
(2) Write out the application for re-appraisal, and the format of the re-appraisal application is:
The title is "Application for Re-appraisal", the basic information of the applicant, including the name, gender, place of origin, address, work unit and other information of the parties, explains why they are not satisfied with a certain appraisal of an appraisal institution and re-appraised according to law. The conclusion is: This is the case, so-and-so court. Applicant: so-and-so, (signed, sealed) year, month and day.
(3) Submit the written application for re-evaluation to the case-handling organ;
(4) The time limit for submitting a general appraisal application is within the period for presenting evidence, but if the statutory circumstances of re-appraisal are met, the time limit for presenting evidence may be exceeded.
Judicial appraisal is a very important part of the trial of a case, and if there is a problem with the appraisal, it is bound to affect the fairness of the judicial trial. From the above, we can know that if there is an irregular operation in forensic evaluation, then it is possible to conduct forensic evaluation again. Re-identification must be done in accordance with the procedures to correctly re-evaluate. So if you are not satisfied with the judicial appraisal, can you take the secondary appraisal? In fact, it is a case-by-case situation, and we must act in accordance with laws and regulations in order to maintain the good operation of a society ruled by law.