Rules of Evidence 706

The Federal Rules of Evidence explain the use of facts in court. Rule 706 of Chapter VII: Opinion and Expert Testimony allows courts to appoint expert witnesses in the interest of the people or to clarify existing testimony.

Facts

Judges are "triers of fact," but they sometimes need interpretation in scientific, technical or other specialized areas, either for the jury or themselves. Court-appointed experts are obligated only to the court to provide opinions and analysis.

Significance

The tendency for each of the two sides in a trial to "shop" for experts who agree with their case may lead to confusing disagreements; the ability of a court to appoint experts also encourages parties' experts to be scrupulous about their testimony.

Function

Court-appointed experts provide objective testimony and provide expert opinions in cases where a party may not be able to afford to pay one.

Parties' Rights

Experts may not be appointed without both parties' approval. Each party must be provided the expert's opinion in advance, and has the right to cross-examine upon hearing.

Compensation

Court-appointed expert witnesses may be fairly compensated for their professional services. The court determines compensation.

History

Rule 706 is based on federal criminal case procedure, which established court-appointed-expert procedures in 1946. The rule was expanded to include civil cases and allow for fair compensation of experts.

References

• Rules of Evidence

Resources

• Court-Appointed Experts (Federal Judicial Center)

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