Court Appointed Experts

Evidence

Rule: 706

Jurisdiction: AK

Bluebook Citation: Alaska R. Evid. 706

(a) Appointment. The court may on its own motion or on the motion of any party 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 expert witnesses. 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’ 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’ findings, if any; the witness’ deposition may be taken by any party; and the witness may be called to testify by the court or any party. If the court determines that the interests of justice so require, the party calling an expert appointed under this rule may cross-examine the witness. (b) Disclosure of Appointment. In the exercise of its discretion, the court may disclose to the jury the fact that the court appointed the expert witness. (c) Parties’ Experts of Own Selection. Nothing in this rule limits the parties in calling expert witnesses of their own selection. (Added by SCO 364 effective August 1, 1979; amended by SCO 1153 effective July 15, 1994) ARTICLE VIII. HEARSAY

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