RULE 706. COURT APPOINTED EXPERTS
(a) Appointment. The court, on motion of any party or its own motion, may 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 may not be appointed by the court unless the witness consents to act. A witness so appointed must be informed of the witness' duties by the court in writing, a copy of which must be filed with the clerk, or at a conference in which the parties have opportunity to participate. A witness so appointed shall advise the parties of the witness' 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 is 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 civil actions where no funds are provided by law, the compensation shall be paid by the parties in such proportion and at such times as the court directs and thereafter charged in like manner as other costs.
(c) Disclosure of Appointment. In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness.
(d) Parties' Experts of Own Selection. Nothing in this rule limits the parties in calling expert witnesses of their own selection.
With only a minor change, this rule is an adoption of Rule 706 of the Federal Rules of Evidence.It comports with present North Dakota practice, but is a more detailed statement of the Procedure involved whenever a court appoints an expert than presently exists in North Dakota law. Cf. Rule 28, NDRCrimP.
Subdivision (a) was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
SOURCES: Minutes of Joint Procedure Committee: March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, pages 7, 8; October 1, 1975, page 6. Rule 706, Federal Rules of Evidence; Rule 706, SBAND proposal.
CONSIDERED: 28-26-06(5), NDCC.
CONSIDERED: Rules 16(4), 26, 35, NDRCivP; Rule 28(a), NDRCrimP.