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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can the appointed court Psychologist pull and reference notes

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Can the appointed court Psychologist pull and reference notes from another evalution (2007) made during a seperate hearing but involving same party and use it in his current report? Shouldn't only the current events that have happened since the new court papers were filled in 2011 be relevant to merits of this trial? Does the fact that he referenced past documents and reports, in order to make his current report; make it immiscible in this trial?

Thank you for your question.

When a party's psychology is at issue in the trial, a psychologist testifying may access the subject's entire medical record, including notes and findings that psychologist might have made in a prior hearing. These would not be inadmissible necessarily nor would they be disqualified for forming the basis of his report.
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Customer: replied 3 years ago.

Thanks for the information.

So what if the original report was inaccurate? After all as I mentioned the original report suggested that the mother was the best capable person. She was then arrested four times in less than a year for drugs, forgery and theft. I have a completely clean record and have never been involved with the law. I have a good steady job, own my home, and provide a safe nurturing environment for my daughter and my wife and I have two children besides the minor child in question. I simply do not score well on those psych test. My personalities as a salesman always score me negatively. According to the new Psychologist I scored poorly and then on top of that he read the previous report and agreed with the original evaluation. How likely is the judge to take the psychologist’s recommendations?

You challenge the psychologist through cross examination and impeach his findings with these facts.


The other way to challenge the psychologist is to hire a psychologist of your own to present his own report and to critique the court appointed psychologists report.



In the end, it comes down to whether the judge believes the court appointed psychologists credibility or not given the impeaching facts that you point out in cross examination.






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