(a) Court-Appointed Experts. If a judge determines that the appointment of expert
witnesses in an action may be desirable, the judge will order the parties to show
cause why expert witnesses should not be appointed. After opportunity for hearing,
the judge may request nominations and appoint one or more such witnesses. If the
parties agree in the selection of an expert or experts, the judge will appoint the
agreed expert or experts. Otherwise, the judge may make the selection. The judge
will determine the duties of the witness and inform the witness thereof at a
conference at which the parties will have an opportunity to participate. A witness
so-appointed must advise the parties of the findings of the witness, if any. The
judge or any party may call the witness to testify. Any party may examine and
cross-examine the witness.
This rule does not limit the parties in calling their own expert witnesses.
(b) Compensation. Expert witnesses appointed pursuant to this rule are entitled to
reasonable compensation in such sum as the judge may allow. Such compensation
must be paid as follows:
(1) In a criminal case, by the United States as the judge orders out of available
funds;
(2) In a civil case, by the parties in equal portions, unless the judge otherwise
directs, and the compensation taxed as costs in the case.
***
As amended 12/1/22, 9/00.
