Rule 706 - Court-appointed Expert Witnesses(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; and (4) May be cross-examined by any party, including the party that called the expert. (c) Compensation. The expert is entitled to reasonable compensation, as set by the court. Unless provided otherwise by law, the parties must pay the expert's compensation in whatever proportion the court directs, at a time chosen by the court. Thereafter, the expert's compensation may be charged in the same manner as 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. This rule does not limit a party in calling its own experts.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule of Evidence 706 is similar to its federal counterpart. The Maine Rule sets forth a different procedure for assigning the costs for compensation of the expert witness. This difference was carried over in the restyled Rule.
Federal Restyling Committee Note
The language of Rule 706 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
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