Part 9: Expert Evidence

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

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.

The application in sub-paragraph (1) must include the following documents:

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.

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.

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

Where the Court is required to consider the appointment of an expert witness, the Court may either direct that:

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

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.

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.

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.

Parties must furnish to their intended expert witnesses, prior to any appointment, a copy of the following forms:

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.

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.

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.

The applying party must include the following information in his or her application:

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.