-------------------------------------------
Christopher Barbrack Esq.
Princeton NJ
(609)497-1111
-------------------------------------------
The manufacturers of standardized psychological tests have a huge financial interest in protecting the secrecy of content of their tests. This means test protocols (questions) and scoring routines, now usually computerized. Psychologists too have an interest in keeping these cats in the bag and will resist producing them. For whatever reason, the psychologist sometimes refuses to produce any part of the standardized test, for example, the answer sheets. This tactic can be effectively challenged in court but the better way to proceed is to ask the psychologist to release all of his or her standardized materials to your expert, another licensed psychologist. Unless these materials are under seal (which I have never heard of), withholding them is indefensible. I agree with Deb, you can get all of this material from a court appointed expert. What kind of world would we live in if this were not the case? A useful trial technique is to get a hold of the interpretations that are generated by the computer program. Sometimes the expert is lazy and will copy this language directly into his or her psychological report. This practice is easily discredited.
Original Message:
Sent: 03-27-2012 16:06
From: Debra Guston
Subject: Court appointed custody expert
You are certainly entitled to see anything upon which the expert relied in rendering an opinion - submissions from the parties, counsel, testing results, etc.. Work product, obviously no.
-------------------------------------------
Debra Guston Esq.
Glen Rock NJ
(201)447-6660
-------------------------------------------
Original Message:
Sent: 03-27-2012 14:42
From: Clara Licata
Subject: Court appointed custody expert
I was not aware that you could go look at the court appointed expert's file. I don't see anything in R. 5:3-3 authorizing it. I don't have any current need for this, I was just wondering what is the basis for allowing it?
Thanks,
Clara S. Licata
-------------------------------------------
Law Office of
Clara S. Licata, Esq.
55 Harristown Rd.
Suite 302
Glen Rock, NJ 07452
201-612-1170
Fax 201-612-1179
-------------------------------------------
Original Message:
Sent: 03-22-2012 16:54
From: Yolanda Navarrete
Subject: Court appointed custody expert
Hello,
I am in the middle of a custody trial. I represent a mom who's ex is seeking transfer of custody to him. I went to examine the court-appointed expert's file. I found that dad had sent expert emails, some upon advise of his attorney. These emails were about trashing my client, right before she went to see the expert with the child. What are the rules regarding speaking with a court appointed expert, without letting the other side know?
-------------------------------------------
Yolanda Navarrete Esq.
Morristown NJ
(973)984-0800
-------------------------------------------