The Ministry of Justice ("MOJ") recently issued the Guiding Opinions on Further Regulating and Improving the Appearance of Forensic Experts to Testify in Court (the "Opinions"), immediately effective from the date of issuance.

According to the Opinions, where the notice of appearance issued by the people's court designates a specific forensic expert to appear in court, that forensic expert is obligated to appear and testify in court; however, if no specific forensic expert is designated, the forensic authentication institution may appoint one or several forensic experts that sign the expertise report, to appear and testify in court. Meanwhile, the Opinions state that after the people's court has notified a forensic expert of giving testimony in court, the forensic expert may submit to that people's court an application for not appearing before the court, if the notice of appearance is not delivered within the statutory time limit, or under four other circumstances. With the consent of the people's court, a forensic expert that does not appear in court may submit feedback or explanations in writing, or give his or her testimony with the aid of technologies such as the video link. In addition, the Opinions clarify the preparatory work forensic experts need to conduct before the appearance in court, matters they need to deal with in court, certain circumstances in which forensic experts may raise requests in a timely manner to the people's court while testifying in court, etc.

(Source: http://www.moj.gov.cn)