Court appointed expert witnesses 706 court appointed

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Court-Appointed Expert Witnesses 706. Court-Appointed Expert Witnesses o (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. o (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. o (c) Compensation. The expert is entitled to a reasonable compensation, as set by the court. The compensation is payable as follows: (1) in a criminal case or in a civil case involving just compensation under the Fifth Amendment, from any funds that are provided by law; and (2) in any other civil case, by the parties in the proportion and at the time that the court directs— and the compensation is then charged like other costs. o (d) Disclosing the Appointment to the Jury. The court may authorize disclosure to the jury that the court appointed the expert. o (e) Parties’ Choice of Their Own Experts. This rule does not limit a party in calling its own experts. Page 36 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar There must be a hearing on an order to show cause why the expert should not be appointed. The expert must consent. The expert must be notified of her duties either in writing or at a conference of the court and counsel. The expert must communicate her findings to the parties. o Physical Evidence Introducing Physical Evidence: 2 Tests Ready Identifiability o Test Whether a rational juror could find, based on the foundation evidence, that it is probably more likely than not that the piece of evidence is the real thing. Whether the direct (901(b)(1)) or circumstantial (901(b)(4)) evidence is sufficient for the jury to believe it is what the proponent claims. That is, the item must have sufficient distinctive features to differentiate it from similar items and the witness must be able to identify or point out those distinctive features. o This is a question for the jury under 104(a). Chain of Custody o This test is used when Ready Identifiability cannot be met. o A witness or witnesses must be called to establish the chain of custody. o The standard is a reasonable probability that the piece of evidence is the same piece of evidence and in substantially the same condition.
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