When and How Courts Appoint Local Commissions in Civil Litigation
Here's a breakdown of the key aspects of local commission appointments in civil litigation:
Grounds for Appointment:
* **Elucidating Matters in Dispute:** A local commission may be appointed when the court considers it necessary to gather evidence or information that cannot be conveniently presented in court, such as inspecting property, conducting surveys, or assessing damages.
* **Ascertaining Specific Values:** Local commissions are often used to determine the market value of property, the amount of mesne profits or damages, or the extent of improvements made to a property.
Procedure:
* **Application by Party:** Typically, a party to the litigation files an application with the court requesting the appointment of a local commission. The application should specify the purpose of the investigation, the scope of the commission's powers, and the proposed commissioner.
* **Court Order:** If the court grants the application, it will issue an order appointing the commissioner and defining their terms of reference. This order will specify the tasks the commissioner must perform, the timeframe for completing the investigation, and the procedure for reporting their findings.
* **Investigation and Report:** The commissioner conducts the investigation according to the court order and gathers relevant evidence. They may hold hearings, take witness statements, and examine documents. After completing the investigation, the commissioner prepares a report summarizing their findings and recommendations.
* **Submission and Consideration of Report:** The commissioner's report is submitted to the court and becomes part of the evidence in the case. Both parties have the opportunity to review the report and raise objections. The court will consider the report along with other evidence when making its final decision in the case.
Important Points:
* The appointment of a local commission is a discretionary power of the court. The court will only grant the application if it is satisfied that the investigation is necessary and will be helpful in resolving the case.
* The parties to the litigation may agree on the qualifications and impartiality of the proposed commissioner. If they cannot agree, the court will appoint the commissioner.
* The costs of the local commission, including the commissioner's fees, are typically borne by the party who requested the appointment.
Additional Information:
* The specific procedure for appointing a local commission may vary depending on the jurisdiction.
* You may need to consult with a lawyer in your jurisdiction for specific advice about the appointment of a local commission in your case.
I hope this information is helpful. Please let me know if you have any further questions.