Florida Family Law Rule 12.365
RULE 12.365. EXPERT WITNESSES
(a) Application. The procedural requirements in this rule
apply whenever an expert is appointed by the court or retained by a
party. This rule applies to all experts including, but not limited to,
medical, psychological, social, financial, vocational, and economic
experts.
(b) Communication with Court by Expert. No expert may
communicate with the court without prior notice to the parties and
their attorneys, who must be afforded the opportunity to be present
and heard during the communication between the expert and the
court. A request for communication with the court may be conveyed
informally by letter or telephone. Further communication with the
court, which may be conducted informally, may be done only with
notice to all parties.
(c) Use of Evidence. The court may not entertain any
presumption in favor of a court-appointed expert’s opinion. Any
opinion by an expert may be entered into evidence on the court’s
own motion or the motion of any party in a manner consistent with
the rules of evidence, subject to cross-examination by the parties.
(d) Evaluation of Minor Child. This rule does not apply to
any evaluation of a minor child under rule 12.363.
Committee Note
1998 Adoption. This rule establishes the procedure to be
followed for the use of experts. The District Court of Appeal, Fourth
District, has encouraged the use of court-appointed experts to
review financial information and reduce the cost of divorce
litigation. Tomaino v. Tomaino, 629 So.2d 874 (Fla. 4th DCA 1993).
Additionally, section 90.615(1), Florida Statutes, allows the court to
call witnesses whom all parties may cross-examine. See also Fed. R.
Evid. 706 (trial courts have authority to appoint expert witnesses).
(a) Application. The procedural requirements in this rule
apply whenever an expert is appointed by the court or retained by a
party. This rule applies to all experts including, but not limited to,
medical, psychological, social, financial, vocational, and economic
experts.
(b) Communication with Court by Expert. No expert may
communicate with the court without prior notice to the parties and
their attorneys, who must be afforded the opportunity to be present
and heard during the communication between the expert and the
court. A request for communication with the court may be conveyed
informally by letter or telephone. Further communication with the
court, which may be conducted informally, may be done only with
notice to all parties.
(c) Use of Evidence. The court may not entertain any
presumption in favor of a court-appointed expert’s opinion. Any
opinion by an expert may be entered into evidence on the court’s
own motion or the motion of any party in a manner consistent with
the rules of evidence, subject to cross-examination by the parties.
(d) Evaluation of Minor Child. This rule does not apply to
any evaluation of a minor child under rule 12.363.
Committee Note
1998 Adoption. This rule establishes the procedure to be
followed for the use of experts. The District Court of Appeal, Fourth
District, has encouraged the use of court-appointed experts to
review financial information and reduce the cost of divorce
litigation. Tomaino v. Tomaino, 629 So.2d 874 (Fla. 4th DCA 1993).
Additionally, section 90.615(1), Florida Statutes, allows the court to
call witnesses whom all parties may cross-examine. See also Fed. R.
Evid. 706 (trial courts have authority to appoint expert witnesses).