Rule 5-706 - Court Appointed Experts(a) Appointment. The court, on its own initiative or on the motion of any party, may 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's 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's findings, if any; the witness's deposition may be taken by 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 civil actions, proceedings involving just compensation for the taking of property, and criminal actions. In other civil actions 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. This Rule is derived without substantive change from F.R.Ev. 706. Any language differences are solely for purposes of style and clarification.
Adopted Dec. 15, 1993, eff. 7/1/1994. Amended Nov. 8, 2005, eff. 1/1/2006.HISTORICAL NOTES
2005 Orders
The November 8, 2005, order amended the cross reference following section (d).
Rule 2-603. See Code, Courts Article, § 3-2A-09 concerning court-appointed experts in health care malpractice cases.