Pre-Trial Expert Appointment (Article 145 CPC): Procedure and Timeline in the Alpes-Maritimes and Var

Pre-trial expert appointment (référé-expertise, under Article 145 of the French Code of Civil Procedure) allows a court-appointed expert to be designated by the judge before any trial on the merits, as soon as there is a legitimate reason to preserve or establish evidence of facts on which the outcome of a dispute may depend. This investigative measure is particularly suited to urgent construction defects or serious disputes over the origin of a building damage claim.

Pre-trial expert appointment: a judicial investigative measure before trial

Article 145 of the French Code of Civil Procedure provides that « if there is a legitimate reason to preserve or establish, before any trial, evidence of facts on which the outcome of a dispute may depend, legally admissible investigative measures may be ordered at the request of any interested party, on application or in summary proceedings (référé). »

Unlike an amicable expert assessment or a bailiff’s report (constat d’huissier), pre-trial expert proceedings result in the appointment of an independent court-appointed expert. Although not final, this expert’s report carries significant technical authority and will form the basis for discussions or a subsequent trial on the merits.

Conditions of admissibility

• Legitimate reason: urgency to establish the facts (a rapidly worsening defect, risk of evidence disappearing, need to assess damages before a settlement);
• No ongoing trial on the merits: pre-trial expert proceedings take place precisely before any main legal action;
• Genuine dispute or contestation: mere suspicion is not enough, but it is not necessary to prove liability — a real technical question is sufficient.

Procedure before the courts of Grasse, Nice, Toulon and Draguignan

Pre-trial expert appointment falls under the jurisdiction of the presiding judge of the Tribunal Judiciaire (French court of first instance) for the district where the defendant resides or where the property is located (concurrent jurisdiction in real estate matters).

Steps of the procedure

1. Summons for summary proceedings (assignation en référé): served by a bailiff on the opposing party or parties (neighbor, developer, contractor, property manager, insurer), with a minimum notice period of 15 days. The summons sets out the facts, the observed defects, the technical questions raised and the names of any suggested court experts.
2. Summary hearing: the presiding judge hears the parties or their lawyers. Legal representation is not mandatory in summary proceedings, but is strongly advised to structure the request and rule out challenges to admissibility.
3. Summary order (ordonnance de référé): generally issued 1 to 2 months after the summons (timing varies depending on caseload in Grasse, Nice, Toulon or Draguignan). The order appoints the court expert, defines the scope of the assignment and orders the deposit of fees.
4. Deposit of fees (consignation): the claimant must deposit a provision (often €2,000 to €5,000) with the court registry within the time set by the order (usually 2 months). Failure to do so renders the measure void.
5. Course of the expert assessment: the court expert calls the parties to an opening meeting, carries out inspections (site visits, measurements, investigations), gathers written observations, then files the report with the court registry. Average timeframe: 6 to 12 months depending on complexity.

Appealing the order

The summary order granting or refusing an expert assessment may be appealed within 15 days of notification. In practice, appeals are rare when the conditions of Article 145 CPC are met.

When to use pre-trial expert appointment in construction matters?

Pre-trial expert appointment is the appropriate procedure in the following situations:

• Worsening cracks: when the progression of a crack (measured with a crack gauge) requires a rapid diagnosis of its cause (clay shrink-swell, differential settlement, foundation defect, ground movement) before the damage worsens further;
• Disputed damage claim: water damage, partial collapse, or a construction defect whose cause is disputed by the builder, the insurer or a neighbor;
• Neighboring works: cracks or infiltrations appearing after work carried out by a neighbor, who denies any responsibility. Pre-trial expert appointment establishes the causal link before evidence (temporary shoring, construction equipment) disappears;
• Developer or builder stalling: refusal to activate the ten-year structural warranty (garantie décennale) or the one-year completion warranty (garantie de parfait achèvement). The court expert assessment provides an objective record of the defects and compels insurers to take a position;
• Preparing a settlement: before any amicable negotiation, pre-trial expert appointment quantifies the damage and identifies liability, giving discussions a neutral technical basis.

The role of the owner’s assisting expert

The court-appointed expert designated by the judge is independent and neutral: they represent no party. Each party may, however, be assisted by their own assisting expert (also called a technical advisor).

Duties of the assisting expert

• Preparing the file: before the first meeting, the assisting expert gathers the technical evidence (plans, photos, humidity reports from a Trotec BC21 hygrometer, crack gauge measurements, thermal imaging readings, BA06 anemometer measurements for ventilation issues) and prepares a summary file;
• Attending the proceedings: the assisting expert accompanies the property owner at each expert meeting, raises technical observations during the sessions, and requests additional investigations (test borings, core samples, moisture readings with a Trotec BM31 or BM22 moisture meter, temperature readings with a BP21 pyrometer);
• Reviewing preliminary conclusions: critical review of the court expert’s draft report, drafting written submissions (« dires ») to contest or add to certain points;
• Ongoing technical monitoring: flagging any new development (a crack worsening, a new defect appearing) during the course of the expert assessment.

The assisting expert has no decision-making power, but their involvement ensures the owner’s technical interests are represented at every stage. Cassini Expertise acts as an assisting expert before the courts of Grasse, Nice, Toulon and Draguignan, in complete independence (no work carried out, no materials sold, authorized « specialized expert » status).

Costs and deposit for the court expert assessment

The court expert’s fees are covered by the deposit paid to the court registry (amount set by the order). At the end of the assessment, the court expert submits a statement of fees and hours worked (hourly rate set by decree). The final allocation of costs is decided by the trial judge, if a subsequent trial takes place: generally, the losing party reimburses the deposit to the winning party.

The assisting expert’s fees remain the responsibility of the party who retains them. These fees are not recoverable under Article 700 CPC, unless the trial judge exceptionally grants them as non-recoverable costs.

Frequently asked questions

What is the total timeframe for pre-trial expert proceedings?

Time between the summons and the summary order: 1 to 2 months. Deposit deadline: 2 months after the order. Duration of the court expert assessment itself: 6 to 12 months on average. Total end-to-end timeframe: allow 9 to 15 months before the final report is filed with the court registry. This timeframe can be shortened if the court expert organizes meetings promptly and the parties are responsive.

Can I choose my own court expert?

No: only the presiding judge of summary proceedings appoints the court expert, selecting from the official list of the Court of Appeal (Aix-en-Provence for the courts of Grasse, Nice, Toulon and Draguignan). The parties may, however, suggest names in the summons or at the hearing, and the judge often takes this into account if the proposed expert specializes in the type of defect concerned (structural, waterproofing, thermal). You are, however, free to choose your own assisting expert.

Is the pre-trial expert report enough to obtain damages?

No. Pre-trial expert appointment is an investigative measure, not a ruling on the merits. The court expert’s report establishes the technical facts (nature of the defect, cause, probable liability, assessment of damages), but does not order anyone to pay anything. To obtain a ruling against the liable party and payment of damages, you must then:

• either initiate a trial on the merits before the Tribunal Judiciaire (the pre-trial report will be submitted as evidence);
• or negotiate an amicable settlement based on the expert’s conclusions (a common outcome when the report clearly establishes liability).

What happens if the other party refuses to appear at the hearing or the expert assessment?

If the defendant does not appear at the summary hearing, the judge rules by an order deemed adversarial: the expert assessment is still ordered. If a party does not attend the expert assessment proceedings (meetings, site visits), the court expert continues the investigation with the parties present, on an adversarial basis and notes the absence in the report. A party’s absence therefore never blocks the procedure, but it deprives that party of the opportunity to present their technical observations.

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Cassini Expertise acts as an assisting expert in pre-trial expert proceedings before the courts of Grasse, Nice, Toulon and Draguignan (Alpes-Maritimes and Var). Professional Trotec measuring equipment (BA06 anemometer, BC21 hygrometer, BM31/BM22 moisture meters, BP21 pyrometer, crack gauges, thermal imaging camera). Full independence guaranteed: no work carried out, no materials sold.

Phone 04 22 46 06 04 – Email [email protected]

Related reading

• Assistance to lawyers in expert proceedings
• Insurance counter-expertise in PACA
• Property manager refuses an expert assessment: 4 options
• 2026 guide: how to choose your building expert

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).