ABSTRACT
It is the example of France that is usually cited in England as a situation where the expert is appointed by the court from a limited list of “agreed experts”. It is illegal to imply that one is on a court list if one is not. The French situation shows how a system with official lists can adapt to use the widest possible range of experts, whether listed or not. The use of a non-listed expert in a criminal case must always "have a reason". In criminal matters, though, unless the expert report includes the serment the report is a nullity. Three experts are occasionally appointed if the case is considered particularly complex or important; or, in some rare cases where this is required by law. The expert should not be burdened with attempting to conciliate the irreconcilable when his primary duty is to report; nevertheless he should (like a good arbitrator) attempt it within his own discretion.
