(a)In General. Except as provided in Family Court Rules 1, 2 and 3, in any proceeding of the family court the court may order a physical or mental evaluation of a party or of a person who is in the custody or legal control of a party or may order a home study. The court shall select the physician or other expert who will perform the evaluation or home study, and shall consider the names of persons submitted by the parties. The court shall determine who pays the cost of such evaluation and may order a party, the parties, or the court or some combination thereof to pay. (b)Treatment Providers. No expert may be appointed who presently provides or formerly provided treatment to the person being evaluated, without that person’s consent. (c)Exclusion of V.R.C.P. 35(b) (2). Vermont Rule of Civil Procedure 35(b)(2) does not apply in family court. (d)Statutory Procedures. In respects not covered by statute, the practice in proceedings authorized by 18 V.S.A. chapters 179, 181, 185, 204, 206 and 215 shall conform to this rule.
