IT and computer judicial expert

• For general information, see "General Information".

• For information on the types of judicial cases, see "Types of Cases".

• For information about the phases of the computer expert service, see "Phases".

• For information about the expert report (or expert opinion), see "Expert Report".

• For information on ratification of the expert report/opinion, see "Ratification."

• For information on computer expertise, see our "Guide On Computer Expertise".

• For information on Spain and EU basic legislation, see "Laws".

• For multimedia resources, see "Multimedia Resources".

• For information on available CCAA and Provinces, see "Territorial Scope".

• For information about our rates, see "Professional Fee".

• For information on current news related to real cases, see "News" [Spanish].

Judicial Expert's Report (ratification)

• Once the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Opinion', as the case may be) has been brought to the judicial procedure, this document becomes part of the file ("proceedings"), along with the rest of the evidence and testimonies provided by both parties, in addition to possible prior proceedings carried out by the Court and/or the Prosecutor's Office (if applicable).

• At this point there are two possibilities: 1) with ratification in court; 2) without ratification;

• The ratification of the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion') consists of its defense by the computer expert, author of the same, at the hearing or trial.

• Initially, the expert, questioned by the Judge, confirms everything expressed in the document.

• After this, the expert is questioned by the Prosecutor's Office (if applicable), the opposing party's lawyer, and the client's lawyer, and the Judge may ask questions in any moment.

• The expert has the obligation to answer all questions asked by all parties.

• The expert has the obligation to be clear and objective in his answers.

• The expert has the obligation to help the Judge to understand in a clear and simple way the results of the analysis and the conclusions of the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion'), as well as its assessment (opinion as expert), in the case of an Expert Opinion.

• In general, except in very simple cases, it is advisable to ratify the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion') in court, given that Judges grant greater evidentiary weight and credibility to those expert reports and expert opinions that are ratified at the hearing or trial.

• The greater the complexity of the case, the more advisable is ratification.

• The greater the complexity of the case, the more advisable it is to obtain an expert opinion.

• Ratification can be requested by the client (or his/her lawyer), in order to provide the evidence with greater solidity, if possible, for greater guarantee and peace of mind.

• Sometimes, the client (or his/her lawyer) does not request ratification, and it is not necessary.

• Sometimes, the client (or his/her lawyer) does not request ratification, but the opposing party requests it from the Judge, who, in general, will consider it appropriate, and said ratification must then be made.

• Sometimes it is the Judge himself/herself who determines the need for ratification, and said ratification must then be made.

Types of Ratification

• There are 2 types of ratification of the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Report', as the case may be), in a hearing or trial:

• 1. In-person ratification ("in-situ");

• 2. Telematic ratification;

• Both types of ratification are identical in procedure and evidentiary effects.

• The only difference is that in in-person ratification, the expert goes in person to the corresponding Court on the date and time of the hearing or trial, while in the case of telematic ratification, the expert testifies by videoconference (usually, via WEBEX).

In-person ratification ("in-situ")

• In the in-person ratification, our Computer Judicial Expert goes in person to the corresponding Court on the date and time of the hearing or trial.

• At U2 lab™, we always go to the Court well ahead of time, in order to be able to talk with the client and his/her lawyer, before the start of the hearing or trial, regardless of the previous meetings held throughout the procedure.

• This is especially interesting in complex cases, cases of a particularly sensitive nature, cases in the criminal field, or cases in which a large financial sum is at stake, among others.

• At the beginning of the hearing or trial, the client and his/her lawyer enter the room, along with the opposing party, where will be the Judge or Magistrate (as the case may be), the Prosecutor (if applicable), the Lawyer of the Administration of Justice (previously, Judicial Secretary, if applicable), and an Official.

• In the case of public trials, there may (or may not) additionally be attendees who are not involved in the procedure (relatives, friends, and in general any person with an interest), always with prior authorization from the Judge or Magistrate.

• The witnesses and experts (from both parties, or judicial expert, if appointed by the Court/Tribunal) must wait outside the room until they are called to testify, according to a pre-established order.

• In the case of U2 lab™, when our Computer Judicial Expert is called by the Official to testify, he enters the room, verifies his identity, stands next to the enabled microphone, and is asked by the Judge/Magistrate, begins his statement, responding, as required, to all the questions asked by all parties, in a structured, clear, concise, detailed, solid and fully guaranteed manner, based on the findings, conclusions and professional opinion contained in the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Opinion', as the case may be).

• Once the statement is over, our Computer Judicial Expert, following the established procedure, leaves the room, thus continuing the hearing or trial.

Telematic Ratification

• Telematic ratification is identical in procedure and evidentiary effects to in-person ratification.

• In the telematic ratification, our Computer Judicial Expert testifies by videoconference (usually through WEBEX), normally from our U2 lab™ office.

• In this case, there is no need to go to the Court in person.

• Currently, the Administration of Justice in Spain is undergoing a profound digital transformation, with the aim of increasing speed, effectiveness and efficiency in the management of judicial cases, offering citizens an agile and modern service in line with the times and new technologies.

• In this context, recently, the practice of making statements from witnesses and experts via telematics is spreading, provided that this is technologically feasible and previously authorized by the Judge or Magistrate, who will decide on this aspect, with sufficient notice before the date of appointment of the hearing or trial, depending on the specific characteristics of each particular case.

• Once electronic ratification is authorized, our Computer Judicial Expert will be in contact with the corresponding Court, and specifically, with the Official in charge of the case, who will provide him with a WEBEX link, through which he can access the videoconference session, having to wait until he is called to testify (usually, there is a prior telephone conversation for preparation purposes).

• Once called to testify, the procedure is identical to the case of in-person ratification, with the exception that the assistants in the room and our Computer Judicial Expert communicate via videoconference.

• Usually, in the room, there will be at least one screen (sometimes there are several), and an audio system (microphones and speakers), which allow fluid communication.

• At U2 lab™ we have all the technological means to carry out video conferences of the highest quality.