NCJ Number
100625
Date Published
1986
Length
28 pages
Annotation
This monograph describes the procedures for appointment of expert witnesses and payment of costs and discusses the functions of court-appointed experts.
Abstract
The authority to appoint by Federal courts is set forth in rule 706 of the Federal Rules of Evidence, as well as being inherent in the courts' power to take actions necessary to the decisionmaking function. To appoint an expert, the court enters a show-cause order considerably before trial. Selection is at the discretion of the court and may include an expert agreed upon by the parties or one selected by the court or a professional or academic organization. The court may communicate with the expert in writing or at a conference in which all parties may participate. The expert must advise the parties of findings (via written report, deposition, or testimony in open court), submit to deposition by any party, and be subject to cross-examination if called to give testimony. Compensation of expert witnesses is through funds provided by law or by the parties in like manner as other costs. Duties of the neutral court-appointed expert may include investigating factual issues, examining physical evidence or competency, gathering information, administering a pretrial test, inspecting an institution, evaluating documentary evidence, and evaluating or promoting a settlement. Appended table of cases and 82 notes.