Judgment

Judgment

The Probative Value of Expert Opinions in Subsequent Cases

Document Type : Scientific

Authors
1 Karimi , Abbas , Professor, Faculty of Law and Political Science, University of Tehran, Tehran , Iran Tehran
2 PH.D student in private law, law International Campus, University of tehran , tehran, IRAN
3 Associate of Prof. of Faculty of Law, College of Farabi, University of Tehran, Qom, Iran.
10.22034/judg.2026.2084495.1674
Abstract
Current regulations do not explicitly address the admissibility of expert opinions provided in one case for use in other cases. Articles 214 and 215 of the Civil Procedure Code allow for referencing civil or criminal cases. Given the nature of expert opinions as judicial presumptions and means of proof, it generally seems permissible to cite expert opinions from other cases. However, parties must be allowed to object and defend themselves. Additionally, a judge cannot be obligated to follow the expert opinion from another case in all circumstances, unless the expert opinion is included as part of the reasoning in the issued judgment (preceding judgment), in which case the principle of following the previous judgment and the res judicata effect applies. If the expert opinion is not part of the judgment's reasoning, the issue of extending the res judicata effect to the expert opinion arises. The unity or multiplicity of the subject matter of the expert opinion and the parties of the two cases also influence the determination. If the parties in the two cases are identical, citing the expert opinion in the second case appears permissible and, under certain conditions, if it falls under the res judicata effect, it is binding for the judges of the subsequent case. However, if the parties in the two cases are not identical, the expert opinion is considered a judicial presumption that can aid in uncovering the truth.
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Articles in Press, Accepted Manuscript
Available Online from 03 September 2026

  • Receive Date 07 February 2026
  • Revise Date 12 July 2026
  • Accept Date 03 September 2026