Fla. Fam. L.R.P. 12.363

made a similar report of any examination of the same condition previously or thereafter made, unless in the case of a report of examination of a person not a party the party shows the inability to obtain it. On motion, the court may order delivery of a report on such terms as are just; and if an examiner fails or refuses to make a report, the court may exclude the examiner’s testimony if offered at the trial. (2) By requesting and obtaining a report of the examination so ordered or requested or by taking the deposition of the examiner, the party examined waives any privilege that party may have in that action or any other involving the same controversy regarding the testimony of every other person who has examined or may thereafter examine that party concerning the same condition. (3) This subdivision applies to examinations made by agreement of the parties unless the agreement provides otherwise. This subdivision does not preclude discovery of a report of an examiner or taking the deposition of the examiner in accordance with any other rule. (c) Examiner as Witness. The examiner may be called as a witness by any party to the action, but is not to be identified as appointed by the court. Commentary 1995 Adoption. This rule expands Florida Rule of Civil Procedure 1.360 to specify common examinations in family law matters, but this rule is not intended to be an exclusive list of allowable examinations. Rule 1.360 should be interpreted to discourage subjecting children to multiple interviews, testing, and evaluations. RULE 12.363. EVALUATION OF MINOR CHILD (a) Appointment of Expert. (1) The court, on motion of any party or the court’s own motion, may appoint an expert for an examination, evaluation, Family Law Rules of Procedure October 1, 2025 106 --- testing, or interview of any minor child. The parties may agree on the particular expert to be appointed, subject to approval by the court. If the parties have agreed, they shall submit an order including the name, address, telephone number, area of expertise, and professional qualifications of the expert. If there has been a determination of the need for the appointment of an expert and the parties cannot agree on the selection of the expert, the court shall appoint an expert. (2) After the examination, evaluation, or investigation, any party may file a motion for an additional expert examination, evaluation, interview, testing, or investigation by another expert. The court upon hearing may permit the additional examination, evaluation, testing, or interview only on a showing of good cause and only upon a finding that further examinations, testing, interviews, or evaluations would be in the best interests of the minor child. (3) Any order entered under this rule shall specify the issues to be addressed by the expert. (4) Any order entered under this rule may require that all interviews of the child be recorded and the tapes be maintained as part of the expert’s file. (5) The order appointing the expert shall include an initial allocation of responsibility for payment. (6) A copy of the order of appointment shall be provided immediately to the expert by the court unless otherwise directed by the court. The order shall direct the parties to contact the expert appointed by the court to establish an appointment schedule to facilitate timely completion of the evaluation. (b) Providing of Reports. (1) Unless otherwise ordered, the expert shall prepare and provide a written report to each party and the guardian ad litem, if appointed, a reasonable time before any evidentiary hearing on the matter at issue. The expert also shall send written notice to Family Law Rules of Procedure October 1, 2025 107 --- the court that the report has been completed and that a copy of the written report has been provided to each party and the guardian ad litem, if appointed. In any event, the written report shall be prepared and provided no later than 30 days before trial or 75 days from the order of appointment, unless the time is extended by order of the court. The expert shall not send a copy of the report to the court unless the parties and their attorneys have agreed in writing that the report will be considered by the court and filed in the court files as provided in subdivision (e). (2) On motion of any party, the court may order the expert to produce the expert’s complete file to another expert at the initial cost of the requesting party, for review by such expert, who may testify. (c) Testimony of Other Experts. Any other expert who has treated, tested, interviewed, examined, or evaluated a child may testify only if the court determines that good cause exists to permit the testimony. The fact that no notice of such treatment, testing, interview, examination, or evaluation of a child was given to both parents shall be considered by the court as a basis for preventing such testimony. (d) Communications with Court by Expert. No expert may communicate with the court without prior notice to the parties, who shall be afforded the opportunity to be present and heard during any such communication between the expert and the court. A request for communication with the court may be informally conveyed by letter or telephone. Further communication with the court, which may be conducted informally, shall be done only with notice to the parties. (e) Use of Evidence. An expert appointed by the court shall be subject to the same examination as a privately retained expert and the court shall not entertain any presumption in favor of the appointed expert’s findings. Any finding or report by an expert appointed by the court may be entered into evidence on the court’s own motion or the motion of any party in a manner consistent with the rules of evidence, subject to cross-examination by the parties. Any report filed with the court shall be in compliance with Florida Family Law Rules of Procedure October 1, 2025 108