There are deadlines to Designating Expert Witnesses. If a party is seeking affirmative relief, the deadline is 90 days before end of discovery period. Otherwise if NOT seeking affirmative relief the deadline is 60 days before the end of discovery period.
How do I know if a party is seeking affirmative relief? If a party is suggesting to have sole custody on the grounds that opposing side is mentally ill, backed by an Expert Witness to testify that said person is mentally ill...is that an example of an expert witness used for a party seeking affirmative relief? Also, why are there 2 deadlines anyway...aren't they both Expert Witnesses, whether affirmative relief or not is saught?
A party seeking affirmative relief is a party that is asking the court for something it doesn't already have, such as sole custody when it currently has joint custody. This is distinguished from a party that is not actually asking the court for anything, except that it deny the relief sought by the opposing party.
The reason for the later deadlne for the party not seeking affirmative relief is to give that party an opportunity to retain and designate its own expert(s) to contradict the conclusions of the expert(s) designated by the party seeking affirmative relief. In your scenario, that means the party resisting the petition for sole custody would have no less than 30 days from the time the petitioner designates its expert(s) to designate its own expert(s) to testify that the respondent is not mentally ill.
This answer is for informational purposes only and does not create an attorney-client relationship.
I agree with Mr. Moeller's excellent response. I would add only that if you are a party to the case you describe and do not already have a lawyer, you should hire one immediately. You cannot reasonably hope to navigate the waters of the divorce sea successfully without professional legal representation. If you do have a lawyer, you should pose your questions to him or her. Answering your questions and satisfying your curiosity are part of what you are paying for. Also, a lawyer who is familiar with your case is a much better authority on any question related to it than a stranger like me.
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