Whenever the court for the decision , requires the use of expert judgment on the dispute in the litigation on particular technical knowledge - scientific , may require the intervention of an expert (Article 61 of the Code of Civil Procedure) .
Technical Consultancy, is becoming increasingly important , considering the constant and significant increase in litigation in civil and is very often the key element that determines the difference between the positive and the negative outcome in court cases .
The Technical Consultancy is essential to achieve the correct solution to a legal dispute .
The business consultant in the legal field are carried out by a person skilled in the distinct roles of Technical Consultant (CTU) and Party-Appointed Expert (CTP) .

The technical consultant (CTU) acts as the assistant to the judge working for the same in a strictly fiduciary relationship within the rigid and precise responsibilities as defined by the Code of Civil Procedure. The purpose of the OTC is to respond in a timely and accurate manner to the questions that the judge hearing the formula of appointment and relazionarne results in the examiner's expert's called the Technical Consultant and can be called upon to " clarifications" ( verbal or written ) by the Court.
The expert therefore , as a "technical auxiliary " of the court , basically you should:
 - answer questions effectively places , without overstepping . If questions arise , for example in respect of the interpretation of the question , let her settle directly to the Court , after hearing the parties may in audience ;
 - to be absolutely objective in carrying out the assignment, by differentiating fact from opinion : it is possible that the CTU - when required - to express evaluations and subjective considerations ;
 - adopt the same "metro" with the arguments of the Parties (rigid or flexible , avoiding the "two weights and two measures ");
 - discussion with the consultants part if appointed ;
 - if necessary, request the court to act as if there are circumstances not foreseen at the time the order is placed (eg . considerable expense to be incurred for the assignment and for any inquiries ) ;
 - may require (and be allowed ) to take advantage of a so-called " auxiliary " , provided that the liability of the conclusions in the final report has just resigned and only the CTU .
The judicial advice may involve the intervention of other professionals who perform their work not so much on the court as to the parties concerned : their role is that of consultant party ( CTP) . The technical consultant is nothing more than a freelancer , usually operating in a particular field technical / scientific , to which a party to the case - actual or potential - expert gives an assignment because it considers the responsible expert in a specific sector . There are , however, exceptions or special directions in the Code of Civil Procedure , with reference to the CTP : Sometimes employees themselves are appointed by a Party . In essence, if a person is involved in a pending case or a means intraprenderne (the case of the investigation prior technical ) - instructs a person of their choice ( the consultant part in fact) , so this alongside the technical consultant appointed by the judge in the performance of his office and carry out its observations in support or criticism of the outcome of the court to which the appraiser will come.
Article . 201 Code of Civil Procedure provides that:
"The judge, by the order of appointment of the consultant , shall allow the parties a period within which they may appoint , with declaration received by the Registrar, their technical advisor.
The adviser of the party , in addition to assisting in accordance with Article 194 of the operations of the judge's consultant , participates in the hearing and the council chamber whenever there shall be the advisor of the court , to clarify and develop , with the authorization of the president , his comments on the results of technical investigations.»
The party consultant plays a vital role for the resolution of issues which , increasingly , depend on very precise assessments of technical , operating within a professional relationship completely governed by private law . The technical consultant , in fact, is always paid by the party who appointed him ( which may, at the limit and in case of victory in the case, recover the costs which include those relating to the adviser ) and has the right to be compensated in relation to their professional fee ( if any), but also on the basis of a possible agreement with the client ( which must still comply with the limits laid down by their professional rate, being able instead to waive maximum ) . It should be noted that, in any case , it is always the judge to decide (in the case of a dispute ) what is the "right" compensation of the CTP , including reform of any professional fees.

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