In Texas family law cases, if you want to use a court-appointed case evaluator as an expert witness during your trial, it is generally advisable to properly designate them as an expert during the discovery phase of your case.
During discovery, parties exchange information and evidence in preparation for trial. When it comes to expert witnesses, the rules of civil procedure typically require parties to disclose the identity of their experts, along with the substance of their testimony and a written report, within a specified timeframe. This allows the opposing party to have an opportunity to review the expert’s qualifications and opinions and prepare accordingly.
If you fail to designate a court-appointed case evaluator as an expert during the discovery phase, it could potentially limit your ability to present their expert testimony during the trial. The opposing party may object to the late designation, arguing that they were not given adequate notice or an opportunity to prepare a response or challenge the expert’s qualifications or opinions.