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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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so that the expert I want to retain go to the hearing, do I

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so that the expert I want to retain go to the hearing, do I go to the court and file a motion for evaluate? and send a copy to the adversary? How should I do this? the judge's clerk that is handling my case and who send me the evaluation with someone else on the 10th of October. and to whom I said I wanted to cross motion. to what he answered me that he was going to set up a motion with the judge so all parties get the opportunity to tell him what we wanted to do. Instead, he schedule us for a plenary hearing post mediation. Should I ask to speak to the supervisor of the division since I know he would try to block me from my right to file a motion to evaluate and or give me the wrong information.
Thank you for requesting me again. Do you mind terribly that I respond to you this afternoon? It is very late and I would really need to get some rest. I do promise to respond to your concern as soon as I can, but I wish to give you my best work when I do so. Would that be acceptable to you?
Customer: replied 3 years ago.

Sure but what happens is that I really needed to know so I take action today. I will be missing work to do that. I need to do the most aceptable method by court so that my request is not deny. because the court, I feel wants to favor the other party

Thank you for your follow-up.

I will respond but if you have additional follow-up concerns, I will get to them sometime in the afternoon.

You would need to file a cross-motion seeking the ability to bring in an additional expert on your behalf. This is absolutely legal and permitted but the judge may deny the motion if he considers the current expert to be sufficient, so in your motion you would need to argue that you seek both a second opinion and a request that both opinions be taken together so as to avoid bias. The opposing counsel can also seek to block by also claiming that the current expert is sufficient.

You do send a copy to the adversary because they are entitled to the motion review, the information on the expert so that they may potentially contest, and the right to appear at the motion for the contestation.

Hope that helps.

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