Rule 706: Court-Appointed Expert Witnesses

On a party's motion or on its own, the court may order the parties to show cause why expert witnesses 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. The court must inform the expert of the expert's duties and may do so in writing with a copy to the parties. The expert must advise the parties of any findings, may be deposed, must testify if called, and may be cross-examined by any party. The expert is entitled to reasonable compensation, and in a civil case the court may apportion costs among the parties. The court must, upon request, inform the jury that the court appointed the expert. A party may call its own expert witnesses at its own expense.

• 1The court may appoint its own expert witness to provide independent analysis
• 2The court-appointed expert must disclose findings, submit to deposition, testify, and be subject to cross-examination
• 3The jury must be informed of the court appointment upon request
• 4Parties retain the right to call their own experts in addition to the court's expert
• 5Costs are apportioned among the parties in civil cases; the government pays in criminal cases

• When court appointment of an expert is appropriate — complex scientific or technical issues with dueling experts
• The enhanced credibility of court-appointed experts and whether this creates unfair weight
• Whether the judge's decision to appoint (or not appoint) an expert is reviewable on appeal