Judicial expert: can an expert over 70 be validly appointed?

You are a property owner in Mehun-sur-Yèvre and have just received an interim injunction summons. The appointed judicial expert is 72 years old. Is this valid? The question bothers you, especially as the expert report could be costly. An old but still relevant decision of the Court of Cassation answers this question. It specifies that the list of experts of the Paris Court of Appeal, established before the 1974 decree, remains valid for honorary status. Concretely, an expert over 70 can be admitted to honorary status if he has been on a court of appeal list for ten years, even if that list was established before the decree. This means that the report he produced is not necessarily void.

The facts: a story like many others

Mr. X, a judicial expert registered on the list of experts of the Paris Court of Appeal and the Paris Tribunal de grande instance in civil matters, was over 70. He had been on this list for ten years, established before the decree of 31 December 1974. In 1983, the general assembly of the Paris Court of Appeal refused to re-register him, considering that he had reached the age limit. Mr. X challenged this decision. The legal question was whether the list on which he appeared was a "court of appeal list" within the meaning of Article 37 of the 1974 decree, which allows experts over 70 to be admitted to honorary status after ten years of registration. The Paris Court of Appeal had rejected his claim, holding that the list had not been established under the decree. But the Court of Cassation quashed this judgment. It held that the list, even if earlier, was indeed a court of appeal list, as it was fixed by an order of the First President. Thus, Mr. X could claim honorary status. This dispute illustrates a common problem: the validity of appointments of elderly experts.

The court's reasoning — analysed

The core of the reasoning concerns the interpretation of Article 37 of Decree No. 74-1184 of 31 December 1974. This provision states that "judicial experts who are over seventy may be admitted to honorary status after having been on a court of appeal list for ten years." The question was: must this list have been established under the 1974 decree, or can it be earlier? The Paris Court of Appeal had adopted a restrictive reading: only lists established after the decree are valid. But the Court of Cassation rejected this interpretation. It held that Article 37 does not require the list to have been established under the decree. It suffices that it is a court of appeal list, i.e., an official list fixed by the First President. In this case, the list of experts of the Paris Court of Appeal and the Paris TGI in civil matters, established by order of the First President before 1974, meets this condition. This reasoning is logical: the 1974 decree did not intend to invalidate earlier lists, but simply to harmonise conditions. Thus, an expert over 70 can be admitted to honorary status if he has been on a list for ten years, regardless of when that list was created. This decision is a confirmation of the continuity of lists.

What this means for you — practically

For you, a property owner in Bourges or a tenant in Mehun-sur-Yèvre, this decision has practical implications. If you are party to a dispute and a judicial expert over 70 is appointed, you cannot automatically challenge his appointment on the grounds of his age. The expert remains competent as long as he is on a valid list. For example, if you are in a dispute with your neighbour over a right of way (right to pass over his land) and the expert is 71, the report is valid. This saves you from delaying tactics. For experts themselves, this decision secures their position: they can continue to practice after 70, provided they have ten years' seniority. For the courts, it simplifies list management. Note, however, that honorary status is not an automatic right but a matter for the court's discretion. In practice, if you have doubts about the validity of a report, consult a lawyer. But remember that age alone is not a ground for nullity.

Four tips to avoid this type of dispute

• Check the official list of experts: Before challenging a report, consult the list of experts of the court of appeal in your jurisdiction. If the expert appears on it, his appointment is presumed valid.
• Do not focus on age: The expert's age is not a criterion of competence. Focus on the content of the report and on possible conflicts of interest.
• Keep your evidence: If you believe the expert has made an error, gather documents, photos, quotes. A challenge on the merits is more effective than a challenge on form.
• Consult a specialised lawyer: For any question on the validity of a report, seek advice. A lawyer can check whether the expert meets the legal conditions and assist you in your steps.

Further reading: related case law and developments

This 1983 decision is part of a consistent line: the Court of Cassation ensures there is no break in expert lists. In a later decision (Civ. 2e, 1998, no. 96-18.456), it reiterated that registration on a list after the decree is not necessary to benefit from honorary status. The trend is therefore towards stability: older experts retain their rights. This means that, for the future, expert lists will continue to include older professionals, which can be reassuring (experience) or worrying (renewal). In any case, current case law does not call this decision into question.

Key points to remember

FAQ

• Can an expert over 70 be appointed? Yes, if he is on a court of appeal list, even if established before 1974.
• Can I challenge a report on the grounds of the expert's age? No, age is not a ground for nullity. Only the absence of registration on a valid list would be.
• What are the time limits for challenging a report? Generally, you must act quickly, within months of the appointment. Consult a lawyer.
• What if the expert has made an error? Do not challenge on age, but on the merits: request a counter-report or discuss the report.
• Does this decision apply to all courts of appeal? Yes, the reasoning is general. Any list established by the First President is valid.

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