The court-appointed expert's report is the document in which technical language and legal procedure meet. In files with a foreign party, both the report itself and the written objections to it become subjects of translation.
Scope of the mandate
The questions asked by the court are written at the start of the report. These questions draw the limits of the report, and their numbering is kept.
Structure by question
A well-constructed report answers each question under a separate heading. This structure is kept in translation; answers that have been merged lose track of which question they belong to.
Method of examination
The report describes which documents the expert examined and which method was used. The names of methods and references to standards are carried over as they are.
Scope of the file
A list of the documents examined is given. This list shows what information the report rests on, and it is translated in full.
Technical terms
The report carries the terms of the field of expertise. Explaining the terms for the court is the expert's job; translation does not simplify these explanations.
Calculations
The calculation of loss, the measurement results and the tables are the evidential part of the report. Numbers and formulas are carried over exactly, and no rounding is done.
Assumptions
The expert may base the calculation on certain assumptions. The sentences in which the assumptions are expressly stated are kept in translation; leaving them out makes the conclusion look unconditional.
The conclusions section
The conclusion of the report is written in brief and definite language. This section is the part quoted most often, and the choice of words is not changed.
Avoiding legal characterisation
The expert may make assessments such as the degree of fault or the apportionment of liability, but the final legal characterisation belongs to the court. This boundary is kept in translation.
Minority opinion
In reports prepared by a panel, a differing opinion is written in a separate section. Leaving out the minority opinion makes the report look as if it speaks with one voice.
Annexes and photographs
Photographs from the site inspection, the sketch plan and the calculation tables are annexed to the report. Photograph captions and the labels on the sketch plan are within the scope of the translation.
Signature and field of expertise
The expert's name, field of expertise and registration details come at the end. The field of expertise is needed in order to assess the weight of the report.
Date of the report
The date of the report is considered together with the date of service, which determines the start of the period for objection. The two dates are not confused.
Supplementary report
A supplementary report may be obtained following an objection, and this is a separate document. Translating the main report and the supplementary report with the same term list allows the two to be compared.
Confidentiality
Court-appointed experts' reports often carry information in the nature of a trade secret. Access is restricted while the file is processed, and no third-party services are used.
Statements of the degree of fault
In reports where fault is apportioned as a percentage, the total of the ratios is checked. A total that exceeds one hundred or falls short of it because of rounding opens the mathematical consistency of the report to dispute.
References to foreign standards
The expert may rely on a foreign technical standard. The number and year of the standard are carried over as they are; the Turkish standard equivalent, if any, is stated separately, and neither is written in place of the other.
The reader of the report
The report is written for the judge, not for a specialist. In translation the explanatory wording next to technical terms is kept; discarding it as unnecessary makes the report closed to its intended reader.