RULE 706. COURT APPOINTED EXPERTS
Effective Date: 3/1/1990
Obsolete Date: 3/1/2014
(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.
Rule 706 was amended, effective March 1, 1990; March 1, 2014.
Rule 706 is based on Fed.R.Ev. 706.
Subdivision (a) was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 706 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. 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. There is no intent to change any result in any ruling on evidence admissibility.
SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, page 32; March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, pages 7, 8; October 1, 1975, page 6. Fed.R.Ev. 706; Rule 706, SBAND proposal.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. § 28-26-06(5).
Cross Reference: N.D.R.Civ.P. 16 (Pretrial Conferences; Scheduling; Management), N.D.R.Civ.P. 26 (General Provisions Governing Discovery), N.D.R.Civ.P. 35 (Physical and Mental Examination); N.D.R.Crim.P. 28 (Interpreters).