Rule 25-60A. Court-Ordered Private Evaluations

(a) If the court orders a private evaluation of any party or any child in a family proceeding where custody, visitation or parental access is at issue, a qualified, licensed health care provider shall conduct such evaluation.

(b) If the court has determined that an evaluation can be undertaken and a qualified, licensed health care provider has been selected to perform the evaluation, the court's order for an evaluation shall contain the name of the provider who is to undertake the evaluation, the estimated cost of the evaluation, each party's responsibility for the cost of the evaluation, the professional credentials of the provider, the estimated deadline by which the evaluation shall be completed and submitted to the court, and the estimated fee of the provider for testifying in court. The estimated cost of the evaluation shall include, separately stated, the estimated fee of the provider for testifying in court.

(c) Not later than thirty days after the date of the completion of the evaluation, the provider shall file a report containing the results of the evaluation with the clerk of the court, who shall seal such report.

(d) Notice of any orders relating to the evaluation ordered shall be communicated to the evaluator by the guardian ad litem or, where there is no guardian ad litem, by court personnel.

(e) Until a court-ordered evaluation is filed with the clerk pursuant to Section 25-60 (b), counsel for the parties shall not initiate contact with the evaluator, unless otherwise ordered by the judicial authority.

(f) The provisions of subsections (a) and (b) of Section 25-60 shall apply to completed private court-ordered evaluations.

Committee Notes

(Amended June 15, 2012, to take effect Jan. 1, 2013). amended June 15, 2012, to take effect Jan. 1, 2013; amended