Rule 706 permits the court to appoint an expert, either on motion or on its own. The expert advises the parties of findings, may be deposed, and may be called by any party or the court.
Compensation is apportioned among the parties.
Alternative Names:
Rule 706 Expert, Neutral Expert
Why it Matters?
Appointment is rare and generally reserved for cases where competing expert testimony has left the court unable to evaluate the science. Parties should recognize that seeking appointment surrenders control over the opinion, which may favor neither side. The jury also learns the expert was court-appointed in many jurisdictions, which gives that testimony weight neither party's retained expert can match.
Frequently Confused with
Related terms
Frequently asked questions
When are court-appointed experts used?
What is the risk in seeking appointment?
