State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-706

Rule 706. Court appointed experts.

(a)        Appointment. – The court may on its own motion or on themotion of any party enter an order to show cause why expert witnesses shouldnot be appointed, and may request the parties to submit nominations. The courtmay appoint any expert witnesses agreed upon by the parties, and may appointwitnesses of its own selection. An expert witness shall not be appointed by thecourt unless he consents to act. A witness so appointed shall be informed ofhis duties by the court in writing, a copy of which shall be filed with theclerk, or at a conference in which the parties shall have opportunity toparticipate. A witness so appointed shall advise the parties of his findings,if any; his deposition may be taken by any party; and he may be called totestify by the court or any party. He shall be subject to cross‑examinationby each party, including a party calling him as a witness.

(b)        Compensation. – Expert witnesses so appointed are entitledto  reasonable compensation in whatever sum the court may allow. Thecompensation thus fixed is payable from funds which may be provided by law incriminal cases and civil actions and proceedings involving just compensationfor the taking of property. In other civil actions and proceedings the compensationshall be paid by the parties in such proportion and at such time as the courtdirects, and thereafter charged in like manner as other costs.

(c)        Disclosure of appointment. – In the exercise of itsdiscretion, the court may authorize disclosure to the jury of the fact that thecourt appointed the expert witness.

(d)        Parties' experts of own selection. – Nothing in this rulelimits the parties in calling expert witnesses of their own selection. (1983, c. 701, s. 1.)