Rule 706 — Court-Appointed Expert Witnesses

Fed. R. Evid. 706

• Source: Federal Rules of Evidence
• Rule: 706
• ARTICLE VII: OPINIONS AND EXPERT TESTIMONY
• Citation: Fed. R. Evid. 706

Text

(a) APPOINTMENT PROCESS. On a party’s motion or on its own,
the court may order the parties to show cause why expert wit-
nesses should not be appointed and may ask the parties to submit
nominations. The court may appoint any expert that the parties
agree on and any of its own choosing. But the court may only ap-
point someone who consents to act.
(b) EXPERT’S ROLE. The court must inform the expert of the ex-
pert’s duties. The court may do so in writing and have a copy filed

with the clerk or may do so orally at a conference in which the
parties have an opportunity to participate. The expert:
(1) must advise the parties of any findings the expert makes;
(2) may be deposed by any party;
(3) may be called to testify by the court or any party; and
(4) may be cross-examined by any party, including the party
that called the expert.
(c) COMPENSATION. The expert is entitled to a reasonable com-
pensation, as set by the court. The compensation is payable as fol-
lows:
(1) in a criminal case or in a civil case involving just com-
pensation under the Fifth Amendment, from any funds that
are provided by law; and
(2) in any other civil case, by the parties in the proportion
and at the time that the court directs—and the compensation
is then charged like other costs.
(d) DISCLOSING THE APPOINTMENT TO THE JURY. The court may
authorize disclosure to the jury that the court appointed the ex-
pert.
(e) PARTIES’ CHOICE OF THEIR OWN EXPERTS. This rule does not
limit a party in calling its own experts.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)