FRE · Rule 706

FRE Rule 706

Quick Answer

What is FRE Rule 706?

FRE Rule 706 provides for the appointment of expert witnesses by the court, allowing for impartial testimony in complex cases.

Source: FRE Rule 706

Official Text
The court may appoint any expert witness of its own selection and may specify the witness’s duties, including the nature and scope of the expert’s work.
Plain Language

Rule 706 allows a judge to appoint expert witnesses to assist the court in understanding complex evidence or determining issues that require specialized knowledge. This helps ensure that the testimony is unbiased and relevant to the case.

Purpose

The purpose of this rule is to promote fair trials by ensuring that courts have access to informed and unbiased expert analysis, particularly in technical or specialized areas.

Key Provisions

Appointment of Expert Witnesses

The court has the discretion to appoint expert witnesses independent of the parties involved to provide objective insights.

Duties of Expert Witnesses

The court can define the duties of the appointed experts, detailing how they are expected to conduct their evaluations or preparations.

Practice Notes
  • Parties may suggest candidates for expert appointment, but the final decision rests with the court.
  • Judges may seek to appoint experts in fields relevant to the litigation to draw on specialized knowledge not easily accessible to the parties.
  • The court-determined expert is expected to provide testimony based solely on their expertise, limiting bias that may arise from party involvement.
Landmark Cases

Daubert v. Merrell Dow Pharmaceuticals, Inc.

This case underscored the importance of expert testimony in ensuring the reliability of scientific evidence presented in court, aligning with the goals of Rule 706.

Kumho Tire Co. v. Carmichael

The U.S. Supreme Court's ruling emphasized the trial court's role as gatekeeper in assessing expert testimony, relevant to the selection process under Rule 706.

Exam Tip

Familiarize yourself with the application of Rule 706 in cases requiring expert testimony; questions may focus on the court's authority and the implications of expert witness bias.

Related Rules
  • fre-rule-703
  • fre-rule-702

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