(a) Appointment.—The court may on its own motion or on the motion of any party 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 shall not be appointed by the court unless the witness consents to act. A witness so appointed shall be informed of the witness’ 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 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 shall be 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 criminal cases and civil actions and proceedings involving just compensation under the fifth amendment. In other civil actions and proceedings the compensation shall be paid by the parties in such proportion and at such time 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.
(As amended Mar. 2, 1987, eff.** Oct. 1, 1987.)
ARTICLE VIII. HEARSAY
added in current removed in current
Compared to current version (2025).
(a) Appointment.-The court may on its own motion or on the motion of any party enter an order Process. On a party’s motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed, and may requestask the parties to submit nominations. The court may appoint any expert witnesses agreed upon bythat the parties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. A witness so appointed shall be informed of the witness’gree on and any of its own choosing. But the court may only appoint someone who consents to act.
(b) Expert ’ s Role. The court must inform the expert of the expert’s duties by t. The court in writing, a copy of which shall be filed with the clerk, ormay do so in writing and have a copy filed with the clerk or may do so orally at a conference in which the parties shall have an opportunity to participate. A witness so appointed shall advise the parties of the witness’ findings, if any; the witness’ depositionThe expert:
(1) must advise the parties of any findings the expert makes;
(2) may be takendeposed by any party; and the witness
(3) may be called to testify by the court or any party. The witness shall be subject to cross-examination by each; and
(4) may be cross-examined by any party, including athe party that callinged the witnessexpert.
(bc) Compensation.-Expert witnesses so appointed are The expert is entitled to a reasonable compensation in whatever sum the court may allow. The compensation thus fixed is payable from funds which may be provided by law, as set by the court. The compensation is payable as follows:
(1) in a criminal cases and civil actions and proceedings or in a civil case involving just compensation under the fFifth aAmendment. In other civil actions and proceedings , from any funds that are provided by law; and
(2) in any other compensation shall be paidivil case, by the parties in suchthe proportion and at suchthe time asthat the court directs, -and thereafter compensation is then charged in like manner as other costs.
(cd) Disclosure of aing the Appointment.-In the exercise of its discretion, t to the Jury. The court may authorize disclosure to the jury of the fact that the court appointed the expert witness.
(de) Parties ’ experts of own selection.-Nothing in this rule limits theChoice of Their Own Experts. This rule does not limit a partiesy in calling expert witnesses of their own selectionits own experts.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)
Appended Forms
ARTICLE VIII. HEARSAY