For those evaluations that are conducted on a retainer basis (FC 3118, EC 733), where an hourly rate is billed against a retainer, the parties will only be charged for the hours the evaluator worked on their case prior to any settlement of the dispute or cancellation of the evaluation. If there is a positive balance on the retainer (unused funds), PFCS will refund the balance within thirty days.
Should the evaluator find it necessary to recuse him- or herself from a particular case due to a conflict of interest or for any other reason, all monies paid to that point will be refunded by PFCS to the appropriate parties in full within thirty days.
Depositions and court appearances are charged a separate fee in addition to any fees paid for the evaluation and are payable in full two weeks in advance of any such appearance. Each additional day of deposition and/or court testimony will incur an additional fee payable in advance. Should the evaluator appear for deposition or court hearing but not be required to testify for any reason, no monies will be refunded. Finally, the evaluator can only appear at deposition or hearing when served with a valid subpoena by an Officer of the Court or ordered by the Court in a timely manner that allows them to reschedule their clinical caseload (usually one week in advance).