Part 9: Expert Evidence

PART 9: EXPERT EVIDENCE For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.

PART 9: EXPERT EVIDENCE 95. Examination of children 96. Expert Witness Template 97. Application for approval to cross-examine an expert witness

95. Examination of children A party applying for approval from the Court for a child to be examined or assessed under Part 10, Rule 4 of the Family Justice (General) Rules 2024 must draft his or her application in the prescribed format in Form 90 of Appendix A of these Practice Directions, with the appropriate modifications to suit the individual case.

95. Examination of children The application in sub-paragraph (1) must include the following documents:

95. Examination of children the completed Expert Witness Template in Form 93 of Appendix A of these Practice Directions; and (b) a draft Letter of Instruction to Expert Witness (Child) in the prescribed format in Form 91 of Appendix A of these Practice Directions, together with the relevant schedules.

95. Examination of children For the purposes of appointing a court expert under Part 10, Rules 5(2) and 5(4) of the Family Justice (General) Rules 2024, the Court may consider appointing an expert from the panel of doctors in the Institute of Mental Health.

95. Examination of children The requirements in paragraph 96 also apply to the appointment of a child expert.

96. Expert Witness Template Where the Court is required to consider the appointment of an expert witness, the Court may either direct that:

96. Expert Witness Template a formal application be filed; or (b) the issue be discussed at a case conference.

96. Expert Witness Template In the case of sub-paragraph (1)(a), the completed Expert Witness Template in Form 93 of Appendix A of these Practice Directions is to be included in the application.

96. Expert Witness Template In the case of sub-paragraph (1)(b), the parties are to fill in the Expert Witness Template in Form 93 of Appendix A of these Practice Directions prior to the case conference where the discussion is to take place.

96. Expert Witness Template The Expert Witness Template requires the parties to provide information such as the general information pertaining to the proposed expert(s), the list of issues to be referred to the proposed expert(s), the proposed timelines for the proposed expert(s) to render his or her opinion, and the proposed duration for the expert(s)’ evidence if he or she is giving oral evidence.

96. Expert Witness Template Parties must furnish to their intended expert witnesses, prior to any appointment, a copy of the following forms:

96. Expert Witness Template where the expert’s appointment relates to child(ren) issues – Letter of Instruction to Expert Witness (Child) in Form 91 of Appendix A of these Practice Directions and Note to Expert Witness in Form 92 of Appendix A of these Practice Directions; (b) where the expert’s appointment relates to issues other than child(ren) issues – Note to Expert Witness in Form 92 of Appendix A of these Practice Directions.

97. Application for approval to cross-examine an expert witness Save for the exceptions in Part 15, Rule 1(2) of the Family Justice (General) Rules 2024, originating applications are heard by way of affidavit evidence with no cross-examination.

97. Application for approval to cross-examine an expert witness If a party wishes to cross-examine an expert, he or she must apply to the Court under Part 10, Rule 8(5) of the Family Justice (General) Rules 2024.

97. Application for approval to cross-examine an expert witness The applying party must include the following information in his or her application:

97. Application for approval to cross-examine an expert witness a brief description of the issues referred to the expert and the common set of agreed or assumed facts relied on by the expert (if any); (b) the scope of the intended cross-examination, with an explanation of the relevance or materiality of the cross-examination to the disputed issues to be determined; and (c) confirmation that the conditions in Part 10, Rule 8(6) of the Family Justice (General) Rules 2024 are satisfied with the supporting evidence.