Judicial bias
OLG Koblenz
decision Thursday, November 25, 2010
Table Chart For Wedding On Mirror
16th November 2010
4 W 641/10
ZPO § 42
A court-appointed experts might be against a single judge to reject the application if suspected of partiality, rejecting an appeal decision not to. Previous:
LG Mainz, 24.09.2010 - 4 O 127/06 
reasons I.
used with its immediate appeal, the court-appointed experts ... [A] against a rejection of his request to the Judge of the District Court ... [B] if suspected of partiality rejecting the decision of the 4th Civil Chamber of the Landgericht Mainz, 24 September 2010.
The judge had rejected the opposition directed against the expert application of the defendant by order of 28th June 2010 for reasons stated and the third by a further resolution August 2010 found that the expert of the invoiced fee for his second Supplement Report nicht zustehe.
Der 14. Zivilsenat des Oberlandesgerichts Koblenz hat die gegen die Ablehnung der Vergütung gerichtete Beschwerde des Sachverständigen durch Beschluss des Einzelrichters vom 21. Oktober 2010 zurückgewiesen.
Zur Begründung seines gegen die Richterin am Landgericht ...[B] gerichteten Ablehnungsgesuchs hat der Sachverständige vorgetragen, die gerichtliche Entscheidung vom 28. Juni 2010 sei nicht nachvollziehbar. Das Gericht habe durch die unbeanstandete Verwertung des 1. Gutachtens sowie des 1. Ergänzungsgutachtens zu erkennen gegeben, dass es gegen die darin erfolgte stillschweigende Anpassung des Beweisbeschlusses keine Einwände erhebe. Im Übrigen erklärt der Sachverständige, es könne quite possible that his second Supplement reports to include formulations that could lead to a superficial glance, without any detection of the opinion the accusation of bias. However, it lacks so far at any rate to the required degree of culpability of gross negligence.
The district court, the Judge of the District Court against the ... [B] directed by order of rejection of application 24th September 2010 and dismissed on the ground that there were no apparent circumstances which show a distrust of the impartiality of the judge.
him against that on 6 October 2010 decision notified to apply the expert with the 21 October 2010 letter by fax to the District Court of Mainz inserted immediate appeal. The district court has not remedied the complaint of the experts (decision of 18 October 2010 - 4 O 127/06) and submitted the case to the state court to rule on the appeal.
II
The immediate appeal of the expert ... [A] is not allowed.
The right of refusal under § 42 ZPO is in principle not only to the party, but anyone who is like a party in his own name involved in the process. The court-appointed experts is that the proceedings so far as he in the process of determining of expert witnesses is relevant to them (OLG Frankfurt, Frankfurt OLGR 1997, 305;. Munich Commentary on the Code of Civil Procedure, 3rd edition, 2008 § 42, para 3). He comes to the present dispute a limited role on this side is a party, where he opposed the refusal of compensation experts for a refund of the 2nd Opinion supplement applies.
The decision standing here for immediate appeal lies but only with respect to the rejection of the petition rejecting the expert decision of the District Court of Mainz, 24 September 2010.
Although motive for such an appeal is essentially the Denial of the compensation claim for the refund of the 2nd may have been additional report, the expert is against the dismissal of the petition rejecting an appeal not to. Under the taxation of costs by 14 Civil Division of the Higher Regional Court of Koblenz was indirectly review the decision on the application for refusal is final and not open to attack by the expert.
The appeal was rejected as inadmissible, after all.
The cost is based on § 97 para 1 CCP.
the complaint, the Senate has value to the economic interests of the complainant in the annulment of the contested Decision and the related decision on the taxation of the costs for the reimbursement of the 2nd Supplement report calculated.
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