Fla. Fam. L. R. P. 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.

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(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.

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).