Mass. Guid. Evid. 706
This section, derived from Commonwealth v. O'Brien, 423 Mass. 841, 855 n.24 (1996), and Fed. R. Evid. 706, reflects the Massachusetts practice of making widespread use of court-appointed experts. See, e.g., G. L. c. 119, §§ 21, 24 (court-appointed expert to assist in determination of cases involving children in need of services); G. L. c. 123, § 15(a)-(c) (court-appointed expert to assess criminal defendant's competency to stand trial or criminal responsibility); G. L. c. 123, § 15(e) (court-appointed expert to render opinion to assist court in sentencing defendant); G. L. c. 190B, § 5-303(e) (court-appointed expert to assess mental health of a person who may be in need of guardianship); G. L. c. 215, § 56A (guardian ad litem to investigate facts for the Probate and Family Court relating to care, custody, and maintenance of children); Brodie v. Jordan, 447 Mass. 866, 867 (2006) (expert witness appointed by court to render opinion on the value of corporation's net assets); Commonwealth v. Berry, 420 Mass. 95, 103 (1995) (judge warranted in relying upon opinion of court-appointed expert); Commonwealth v. Aponte, 391 Mass. 494, 497-498 (1984) (court-appointed expert in statistical analysis in social sciences to assist in resolution of challenge to method of grand jury selection in Essex County); Gilmore v. Gilmore, 369 Mass. 598, 604-605 (1976) (use of court-appointed guardian ad litem for investigation in child custody cases); Munshani v. Signal Lake Venture Fund II, LP, 60 Mass. App. Ct. 714, 717 (2004) (court-appointed expert to assess authenticity of an electronic communication).
Failure to seek funds to consult or retain an expert where there is new scientific research and the science is evolving, which could provide a substantial ground of defense, may constitute ineffective assistance of counsel. Commonwealth v. Millien, 474 Mass. 417 (2016) (failure to consult or call expert on shaken baby syndrome).