There are many ways that your family law case can go awry, and some of those ways are completely unrelated to the facts of your dispute. You can get tripped up by things like jurisdiction or the statute of limitations. You can also encounter difficulties if you fail to meet discovery deadlines, including those related to expert witness testimony. Severe enough infractions can even lead to your expert being excluded from trial and you being denied a continuance to get your evidence in order. If you find yourself in a family law dispute, be sure to obtain a skilled Florida divorce attorney to avoid these pitfalls and, if it is the opposing party who is delaying, to use the courts to protect yourself and your children.
The issues of delays and continuances were at the center of one recent South Florida divorce case. In this dispute, the wife filed for divorce and asked the trial court to appoint a psychologist who would “interview, test and evaluate” both spouses and their child. This was related to determining parental responsibility, timesharing and a parenting plan. The spouses eventually agreed to a doctor and the examination went forward. Later, the husband hired a different psychologist to give testimony about the first doctor’s report, as well as prepare a report of her own.
The trial was scheduled for June 1. The deposition for the husband’s expert was set for May 30. The husband missed many deadlines for disclosing his expert’s report. Finally, on May 25, the husband asked for a continuance of the trial. At the continuance hearing, the husband’s expert said she’d been delayed by computer problems and a death in the family. The trial judge rejected the husband’s request for that delay of the trial. The judge also excluded the husband’s expert from testifying in the case.