Legal Question in Family Law in Nevada
EDCR 5.12 - What does it mean?
I want an interpretation of EDCR (Eighth District Court Rules) 5.12 concerning the use of an expert in a family case in Nevada. I read it to mean if both parties agree on the use and selection of an expert, they submit it to the court; if one party asks the court for an expert to be used, and the other party disagrees that an expert is needed, then the court makes the decision to engage an expert or not. If the court decides to engage an expert, and the parties cannot agree on the same, the court selects a NEUTRAL expert, NOT the expert named as a preference of the opposing party. (For example, in the case of selecting a expert in psychology, the court supplies a list of licensed Psychologists to choose from, and the requesting party's expert is one of 10 on the list. Wouldn't a neutral expert be any other Psychologist on the list besides the one chosen by one side in the case?) Can the judge disregard the neutrality factor and assign one sides choice for an expert and still consider this neutral?
Thank-you. Please do not have any attorney from Nevada contact me without my authorization. I only am seeking an interrpretation of this rule, to understand it's meaning when put to use in the court. Thanks again.
1 Answer from Attorneys
Re: EDCR 5.12 - What does it mean?
The Family Court Judges usually have their own expert lists of who they believe would be neutral in a given case. Just because one of the parties' select one of the experts who happens to be on the Judge's list does not mean that the Judge still cannot consider that expert neutral. The Judge bases his or her decision on prior knowledge of that expert in other cases in similar circumstances, and not on who happened to choose the expert for this case.
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