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 FEDERAL
RULES OF EVIDENCE

 Law Students
           
     

Article VII-OPINIONS AND EXPERT TESTIMONY

     
     

 Rule 706. Rule 706. Court Appointed Experts

     

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FEDERAL RULES OF EVIDENCE

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 706. Court Appointed Experts

(a) Appointment.

The court may on its own motion or on the motion of any party enter an order to
show cause why expert witnesses should not be appointed, and may request the
parties to submit nominations. The court may appoint any expert witnesses agreed
upon by the parties, and may appoint expert witnesses of its own selection. An expert
witness shall not be appointed by the court unless the witness consents to act. A
witness so appointed shall be informed of the witness' duties by the court in writing, a
copy of which shall be filed with the clerk, or at a conference in which the parties shall
have opportunity to participate. A witness so appointed shall advise the parties of the
witness' findings, if any; the witness' deposition may be taken by any party; and the
witness may be called to testify by the court or any party. The witness shall be subject
to cross-examination by each party, including a party calling the witness.

(b) Compensation.

Expert witnesses so appointed are entitled to reasonable compensation in whatever
sum the court may allow. The compensation thus fixed is payable from funds which
may be provided by law in criminal cases and civil actions and proceedings involving
just compensation under the fifth amendment. In other civil actions and proceedings
the compensation shall be paid by the parties in such proportion and at such time as
the court directs, and thereafter charged in like manner as other costs.

(c) Disclosure of appointment.

In the exercise of its discretion, the court may authorize disclosure to the jury of the
fact that the court appointed the expert witness.

(d) Parties' experts of own selection.

Nothing in this rule limits the parties in calling expert witnesses of their own selection.

Federal Rules of Evidence: ARTICLE VII. OPINIONS AND EXPERT TESTIMONY Rule 706. Court Appointed Experts: Notes


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Federal Rules of Evidence: ARTICLE VII. OPINIONS AND EXPERT TESTIMONY Rule 706. Court Appointed Experts