Rule 706  Court-appointed experts.  In
the exercise of its discretion, the court may authorize disclosure to the jury
of the fact that a particular expert witness was appointed by the court. [L
1980, c 164, pt of §1]



 



RULE 706 COMMENTARY



 



  Fed. R. Evid. 706 purports to govern the appointment
and compensation of expert witnesses.  It also contains a subdivision (c)
entitled, "Disclosure of appointment," which is similar to this
rule.  The Advisory Committee's Note to the federal rule points out that a trial
judge has inherent power to appoint an expert witness, and defends subdivision
(c) as "essential if the use of court appointed experts is to be fully
effective."



  Hawaii judges are empowered to appoint experts of their own
choosing by HRCrP 28(a) and by Kamahalo v. Coelho, 24 H. 689 (1919).  This rule
does not address appointment or compensation because those matters are more
appropriately dealt with in court rules than in rules of evidence.