Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.18 - Form of Order Directing Expert Examination and Report

Current through Register Vol. 54, No. 28, July 13, 2024
The order of court directing expert evaluation in a custody
				  matter pursuant to Pa.R.C.P. No. 1915.8 shall be substantially in the following
				  form:
(Caption)
ORDER OF COURT
AND NOW, this ___ day of ___ , 20___ , it is hereby ORDERED,
				  that:
1. The evaluator [] shall be ____________ or [] will be
				  selected by the parties.
2. The evaluator shall conduct a
[] Physical Evaluation
[] Psychological Evaluation
[] Custody Evaluation
[] Drug and/or Alcohol Evaluation
[] Home Study
[] Other (Specify) ____________
3. The evaluator [] shall [] shall not make specific
				  recommendations for legal and physical custody. If the evaluator makes specific
				  recommendations, the evaluator shall state the specific reasons for the
				  recommendations.
4. The parties shall participate fully with the evaluator on
				  a timely basis, including retaining the evaluator upon appropriate terms,
				  scheduling appointments, paying promptly, participating in all sessions and in
				  appropriate testing recommended by the evaluator and executing any reasonable
				  consents relating to themselves and their children.
[] 5. If the evaluation is a medical necessity, the service
				  may be covered by insurance. If so, both parties shall promptly cooperate to
				  maximize the use of available insurance coverage, if any, and to notify the
				  other party of the result. The [] plaintiff [] defendant shall submit the costs
				  to his or her insurance first. The cost of the unreimbursed portion of the
				  evaluation shall preliminarily be allocated between the parties with the
				  plaintiff paying ___ % and the defendant paying ___ % without prejudice to the
				  ultimate apportionment of such costs by subsequent agreement of the parties or
				  order of court.
[] 6. The cost of the evaluation shall be borne by the
				  county, subject to reimbursement by.
7.The cost for the evaluator's time for depositions and/or
				  testimony for hearing shall be [] allocated___ % to the plaintiff and ___ % to
				  the defendant or [] paid by the party seeking the testimony.
[] 8. The evaluator may consult with and/or interview any
				  person the evaluator reasonably believes can provide relevant information,
				  including other experts and/or fact witnesses.
[] 9. The evaluator may utilize the services of another
				  qualified professional (e.g. to perform additional services) without court
				  approval.
[] 10. Subject to the applicable rules of evidence, the
				  evaluator's file (including notes, exhibits, correspondence, test
				  interpretations and, to the extent it is not a violation of copyright law or
				  applicable professional rules, raw test data) shall promptly be made available
				  to counsel for the parties.
[] 11. Provided that the parties cooperate on a timely basis,
				  the evaluator shall deliver his or her report to counsel for the parties, any
				  unrepresented party, the guardian
ad litem
and/or counsel for
				  the child, if any, and to the court at least ___ days prior to the first day of
				  trial. The report shall not be filed of record.
[] 12. Prior to and/or subsequent to the submission of the
				  evaluator's written report, counsel for the parties shall not be permitted to
				  communicate with the evaluator as to substantive issues, without the consent or
				  direct participation of counsel for the other party.
13. If the report or any information from the evaluator is
				  provided to the court, the evaluator shall be subject to cross examination by
				  all counsel and any unrepresented party regardless of who obtains or pays for
				  the services of the evaluator.
14. The evaluator shall be provided with a copy of this
				  order.
15. The evaluator's report shall not be inappropriately
				  disseminated.
[] 16. Other provisions:
				  ______________________________________
______________________________________
______________________________________
FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN
				  FINES, IMPRISONMENT OR OTHER SANCTIONS.
BY THE COURT:
______________________________________
J.