The court is responsible for appointing the expert after hearing the parties to the proceedings. However, the court is not bound by the proposal of the parties and can therefore also appoint an expert ex officio and against the will of the parties. However, the appointment is usually made in agreement with the parties.
Experts can be challenged for the same reasons as judges. A frequent reason for refusal is, for example, the preparation of a private expert opinion for a party before the start of the proceedings. In such cases, the court must appoint another expert, and expert opinions that have already been prepared may not be taken into account.
