Iowa.R.Evid. 5.706

As amended through September 9, 2024
Rule 5.706 - Court-appointed experts
a.Appointment 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 ask the parties to submit nominations. The court may appoint any expert that the parties agree 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. The court may do so in writing and have a copy filed with the clerk or may do so orally at a conference in which the parties have an opportunity to participate. The expert:
(1) Must advise the parties of any findings the expert makes.
(2) May be deposed by any party.
(3) May be called to testify by the court or any party.
(4) May be cross-examined by any party, including the party that called the expert.
c.Compensation. The expert is entitled to a reasonable compensation as set by the court. Except as otherwise provided by law, the compensation must be paid by the parties in the proportion and at the time that the court directs, and the compensation is then charged like other costs.
d.Disclosing the appointment to the jury. The court may authorize disclosure to the jury that the court appointed the expert.
e.Parties' choice of their own experts. Rule 5.706 does not limit a party in calling its own experts.

Iowa.R.Evid. 5.706

Report 1983; November 9, 2001, effective February 15, 2002; amended September 28, 2016, effective 1/1/2017; amended September 14, 2022, effective 1/1/2023.