TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 6, 2012
RE: Rule 706, N.D.R.Ev., Court-Appointed Expert Witnesses
Form and style amendments to Rule 706 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
Under the amendments, subdivision (a) is split into two subdivisions.
Subdivision (c) of the federal rule allows public compensation in civil matters only in Fifth Amendment just compensation cases. The North Dakota rule was broader, allowing public compensation in civil cases when allowed by law. The proposal retains this approach.