Evidence is the most relevant procedural activity in any judicial process. Based on this test, the judge will be convinced or not about the facts that give rise to the dispute, and will decide whether he accepts or rejects the claims made by each party. This expert evidence is of great importance because in real life situations may arise that are too technical in which the judge may not have the necessary knowledge to understand them. For this reason, the figure of the expert is used, who is an expert on a specific matter who is going to be entrusted with the task of analyzing a disputed situation from a technical or scientific perspective. The importance of this expert evidence is based on the fact that the judge only has knowledge of legal matters and therefore is not qualified to analyze or assess facts unrelated to this discipline that may have significant relevance within the judicial process. For this reason, it is necessary that it be an expert specialized in the matter, who must prepare an expert opinion where he incorporates his knowledge in those disciplines that are essential to assess some facts with transcendence in the process and in which the judge is not involved. specialized. Likewise, we must emphasize that the expert opinion provided by the expert is a means of proof, with the expert and his knowledge in a specific discipline being the source of evidence. This expert evidence appears in different areas of our legal system, such as civil, criminal, administrative and social litigation. In this Final Degree Project, we will focus especially on the civil field, which is regulated in the Civil Procedure Law 1/2000 of January 7, specifically in articles 124 to 128 and 335 and successive of the aforementioned norm. . Firstly, we will refer to the foundations of the expert evidence on the part. We will analyze its concept and legal nature, its characteristics, its object, its purpose together with its requirements and finally, the admissibility criteria of this expert evidence in the judicial process. 6 Next, we will study everything related to the appointment of experts within the judicial process both by the parties and by the corresponding judicial body. We will also examine the assessment of the expert evidence by the judge or court, making special reference to the rules of sound judgment together with its assessment process. Finally, we will carry out a study on the expert evidence of a party within the scope of European Union law. For this, we will mention two opposing procedural systems such as that of France and that of the United Kingdom. On the other hand, I have chosen to address this issue in my Final Degree Project due to the importance of expert evidence in legal proceedings. This evidence allows the alleged facts to be demonstrated and contributes to fairer decision-making by the judicial body.
