PART II PROCEDURE IN THE FIRST INSTANCE
CHAPTER I ORDINARY PROCEEDING
Section 3 Evidence
Item 3 Expert Testimony
Except as otherwise provided in this Item, the provisions regarding examination of witnesses shall apply mutatis mutandis to expert testimony.
The matter for which expert testimony is sought shall be specified in the motion for taking expert testimony.
An expert witness shall be appointed by the court in which the action is pending and the number of expert witnesses shall also be determined by the court.
Before appointing an expert witness, the court may accord the parties an opportunity to be heard; where the parties have agreed on the designation of an expert witness, the court shall appoint such expert witness as agreed-upon by the parties, except where the court considers that such expert witness is manifestly inappropriate.
The court may replace an appointed expert witness.
The provision of the preceding article shall apply mutatis mutandis to the taking of expert testimony conducted by a commissioned judge or assigned judge who has authority to take evidence, except where the court in which the action is pending has appointed an expert witness.
The person who has special knowledge or experience needed for giving expert testimony or who has been commissioned by a government agency to perform the function of giving expert opinion is under a duty to give expert testimony in an action between others.
No expert witness may be apprehended.
Any person who falls within one of the cases provided in the first to the fifth subparagraphs inclusive of Article 32 cannot act as an expert witness, except where no other appropriate person may be appointed or such person has been designated by the parties by agreement.
Where an expert witness refuses to give expert testimony for whatever reason other than those provided in the first paragraph of Article 307, the court may relieve him/her from the duty to act as an expert witness if the court considers the reason given to be justifiable.
A party may move for the rejection of an expert witness on the same grounds as for moving for the disqualification of a judge; however, the fact that an expert witness has acted as a witness or expert witness in the same action is not an appropriate reason.
Except in the case provided in the first paragraph of the preceding article, no party may move for the rejection of an expert witness after such expert witness has made statements or presented his/her written expert testimony with regard to the matter for which expert testimony is sought, unless the reason for rejection occurs or becomes known thereafter.
A motion to reject an expert witness shall specify the supporting reasons to the court or the judge who appoints such expert witness.
A preliminary showing shall be made with regard to the reasons provided in the preceding paragraph and the facts provided in the proviso of the second paragraph of the preceding article.
An interlocutory appeal may be taken from a ruling denying the motion for rejection of an expert witness; a ruling granting such motion is not reviewable.
Before giving expert testimony, an expert witness shall sign a written oath indicating that he/she will give just and truthful expert testimony and is willing to be punished for perjury if he/she gives any false statement.
The court in which the action is pending, the commissioned judge, or the assigned judge may order an expert witness to state his/her opinion by presenting written expert testimony.
In the case provided in the preceding paragraph, the written oath signed in accordance with the provision of the preceding article may be submitted along with the written expert testimony.
Where the written expert testimony needs to be explained, the expert witness may be ordered to appear to provide an explanation.
Where there are multiple expert witnesses, they may be ordered to state their opinions jointly or separately.
Where the material needed for giving expert testimony is held by the court, the expert witness shall be informed that he/she may use such material. If necessary, the court may, on motion or its own initiative, order a witness or a party to provide material needed by the expert witness for preparing expert testimony.
For the purpose of giving expert testimony, an expert witness may move to subpoena tangible evidence or to examine a witness or a party and may, with the court's permission, examine a witness or a party himself/herself; a party may also be heard on such matters.
An expert witness may claim reasonable compensation in addition to the prescribed daily fees and travel expenses.
Upon the request of the expert witness, the expenses needed for giving expert testimony may be paid in advance.
The provisions regarding the examination of witnesses shall apply to the examination of persons who have past factual knowledge by reason of special knowledge.
Where the court considers it necessary, the court may request any agency, organization, or a foreign agency or organization to give expert testimony or to review the expert testimony given. Where an explanation is needed, such explanation shall be provided by the person appointed by such agency or organization.
Except for Articles 334 and 339, the provisions of this Item regarding expert witness testimony shall apply mutatis mutandis to the situations provided in the preceding paragraph.