Rules Governing Expert Witness Testimony

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.

Expert testimony is governed also by the rules of civil procedure in addition to the rules of evidence. Specifically, expert testimony in domestic relations cases is governed primarily by C.R.C.P. 16.2(g) and C.R.C.P. 26(a). The parties are expected to select one joint expert per issue, if possible. If the parties cannot agree, then the Court can appoint a joint expert witness upon request of a party. However if there is no joint expert, a party still has the right to retain a qualified individual expert at that party’s initial expense, subject to later expense allocation between the parties, if appropriate. Importantly, the Court is not bound by expert conclusions and may accept or reject them. In domestic cases, the parties have disclosure obligations to the other party and a duty to cooperate with an expert if appointed by the Court. Experts must be disclosed 63 days prior to trial and their reports provided 58 days prior to trial.

Child and Family Investigators, Parental Responsibilities Evaluators and Children’s Legal Representatives are common experts in parenting matters. They must engage in specialized training in order to be qualified to conduct investigations and evaluations. The Colorado Legislature has found:(1) that allegations of domestic violence and child abuse are often discounted in child custody litigation; (2) that abusive parents may be granted custody, thereby placing children at risk; (3) that a child’s risk of abuse increases after a perpetrator of domestic violence separates from a former partner, even if the perpetrator has not abused the child before; and (4) that scientifically unsound theories, such as some parental alienation theories, may be improperly utilized to reject a report of abuse in court.

Such experts must attend initial training and continuing training to remain qualified to be appointed by the court. The professionals must receive an initial 20 hours of training in domestic violence, including coercive control and its effects on children and families, and child abuse, including sexual abuse. An additional 15 hours of ongoing training is required every five years.

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.