RULE 28. EXPERT WITNESSES AND INTERPRETERS
Effective Date: 10/17/1972
Obsolete Date: 3/1/2006
(a) Expert Witnesses. The court may order the defendant or the prosecution or both 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 witnesses of its own selection. An expert witness shall not be appointed by the court unless he consents to act. A witness so appointed shall be informed of his 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 findings, if any, and may thereafter be called to testify by the court or by any party. He shall be subject to cross-examination by each party. The court may determine the reasonable compensation of such a witness and direct its payment out of such funds as may be provided by law. The parties also may call expert witnesses of their own selection.
(b) Interpreters. The court may appoint an interpreter of its own selection and may fix the reasonable compensation of such interpreter. The court may direct that such compensation be paid out of such funds as may be provided by law.
Rule 28 was amended, effective March 1, 2006; March 1, 2014. The explanatory note was amended August 1, 2015.
Rule 28 was amended, effective March 1, 2014, to reflect the American Bar Association Standards for Language Access in Courts.
Former subdivision (a) provided for the appointment of expert witnesses. This provision was deleted, effective March 1, 2006, because N.D.R.Ev. 706 covers the topic of court-appointed expert witnesses in detail.
Rule 28 permits the court to appoint interpreters in appropriate circumstances. The purpose of the rule is to assist non-English-speaking or deaf defendants witnesses, persons with legal decision-making authority, or persons with a significant legal interest in the matter in understanding the proceedings or in communicating with assigned counsel. N.D.Sup.Ct.Admin.R. 50 (Court Interpreter Qualifications and Procedures) provides guidance on interpreter qualifications and requirements and detailed information on payment for interpreter services.
Rule 28 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of Joint Procedure Committee Minutes of January 29-30, 2015, pages 8-10; September 25-26, 2014, pages 20-24; April 25-26, 2013, pages 16-18; January 31-February 1, 2013, pages 12-15; January 27-28, 2005, pages 22-23; October 17-20, 1972, pages 32-33; February 20-21, 1969, pages 4-5; Fed.R.Crim.P. 28.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 31-01-11; 31-01-12
CONSIDERED: N.D.C.C. §§ 28-26-06, ch. 28-33.
CROSS REFERENCE: N.D.R.Ev. 604 (Interpreters), N.D.R.Ev. 706 (Court Appointed Experts); N.D.R.Ct. 6.10 (Courtroom Oaths); N.D. Sup. Ct. Admin. R. 50 (Court Interpreter Qualifications and Procedures).