1.    Plaintiff involved in custody dispute and a forensic evaluation was ordered by the court on the child.
2.    Defendant-psychologist performed evaluation and plaintiff sued the psychologist for breach of duty to perform evaluation.
3.    Defendant claims:
a)    Judicial immunity–extends only during performance of judicial act
(1)    Court held the defendant was not court appointed and expert contracted with the parties to perform the evaluation.  The court order was not sufficient to make defendant a court-appointed expert and so not entitled to judicial immunity.
b)    Witness immunity–protects during actual testimony given in court
(1)    Court says applies to statements made during trial, but not to the evaluation and the report.