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.