Are you involved in a divorce (dissolution of marriage,) or child custody (allocation of parental responsibilities) case involving expert witness testimony? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.
Experts are required to disclose their reports prior to trial. Some experts prepare reports and testify, and others simply advise parties. There are retained experts and non-retained experts. If an expert witness is hired specifically to testify at trial or hearing, that expert is a “retained expert.” A retained expert is required to disclose specific information, including a written report. In general the retained expert’s report must include:
Disclosure requirements differ for an expert witness who is not retained specifically to provide testimony. For both retained and non-retained experts, testimony is limited to matters disclosed in detail in the report or statement. The purpose for advance notice of expert opinions provides the ability for the other party to meaningfully respond and to retain a rebuttal expert if desired. If non-retained experts testify, the disclosure requirements are fewer. Generally, the disclosure obligations for non-retained experts require a written report or statement that includes:
Parties must formally disclose the identification of expert witnesses and file a copy of the expert reports with the court prior to an evidentiary hearing. Expert witnesses must be disclosed to the other party 63 days prior to trial and a summary of testimony, to include provision of the expert report, no later than 56 days prior to trial. Because temporary and emergency hearings occur within earlier timelines, the Court decides disclosure deadlines in those cases. However, because of the short timeframe, experts are not commonly utilized in temporary or emergency hearings. If a party fails to meet the disclosure deadline, expert testimony may be disallowed.
Rebuttal Expert WitnessesA party may attempt to rebut an expert witness report. Rebuttal expert witness reports must be provided 21 days after production of the expert witness report. In practice, most experts can not prepare a report in 21 days, therefore a request for a continuance is an option. Some parties have a potential rebuttal expert on retainer from the start in the event that a rebuttal report is necessary. The report should respond to and rebut the original report rather than providing a separate inquiry or opinion. Rebuttal expert witness testimony must be relevant and useful to the trier of fact as with the original report.
Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody
A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.