ARTICLE VII. OPINION 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 he or she consents to act. A witness so appointed
shall be informed of his or her 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 his or her 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. The jury shall in no way be
advised that the court appointed the witness, absent an agreement
to so advise by all parties.
(d) Parties' Experts of Own Selection. Nothing in this rule
limits the parties in calling expert witnesses of their own
[Effective February 1, 1985; amended effective July 1, 1994.]