By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, January 12, 2016.
I will be speaking on a panel tonight about expert testimony at the American Inns of Court. The topic impacts every divorce and trial, and includes changes to the Evidence Code, Constitutional issues, the Florida Supreme Court’s triennial review, and a view from the bench.
I’ve written extensively on this topic, and recently published an article about the Daubert amendment, and how it impacted the Florida Evidence Code.
The Legislature has forced Florida courts to join the federal courts and a majority of states in adopting the Daubert standard for the admission of expert testimony and opinions.
There’s a lingering Constitutional problem. The Legislature can enact substantive law, but only the Supreme Court can regulate courtroom practice and procedure.
The trick is that the Evidence Code contains both substantive and procedural provisions. Only the Supreme Court of Florida at this point whether the Legislation violated the separation of powers.
If the Legislative branch encroached on the judicial branch, the changes are subject to a strict separation of powers doctrine review.
The Florida Bar Board of Governors, at its December 4 meeting in Naples, is recommending the Florida Supreme Court to reject the changes. The committee believes the Legislature has crossed the boundary from substantive to procedural issues.
The issue now goes to the Florida Supreme Court. The next scheduled three-year cycle report is due to the Florida Supreme Court by February 1, 2016.
The Inns of Court will be meeting at the Coral Gables Country Club 997 North Greenway Drive Coral Gables, Florida 33134.
The article is available here.