Ariz. R. Evid. 706

As amended through December 6, 2023

Rule 706 - Court Appointed Expert Witnesses

(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.

(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.

(c)Compensation. The expert is entitled to a reasonable compensation, as set by the court. Except as otherwise provided by law, appointment of an expert by the court is subject to the availability of funds or the agreement of the parties concerning compensation.

(d)Disclosing the Appointment to the Jury. The court may authorize disclosure to the jury that the court appointed the expert.

(e)Parties' Choice of Their Own Experts. This rule does not limit a party in calling its own experts.

Ariz. R. Evi. 706

Amended Oct. 19, 1988, effective 11/1/1988; 9/8/2011, effective 1/1/2012.

COMMENT TO 2012 AMENDMENT

The language of subsection (c) of Rule 706 has been amended to provide, consistent with Federal Rule of Evidence 706, that an expert is entitled to a reasonable compensation, as set by the court.

Additionally, the language of subsections (a), (b), (d), and (e) of the rule has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent in the restyling to change any result in any ruling on evidence admissibility.

COMMENT TO ORIGINAL 1977 RULE

Federal Rules of Evidence, Rule 706(b) is appropriate in Federal Courts where the funds to compensate experts are made available by statute. Such funds are not generally available in Arizona except in capital offenses, A.R.S. § 13-673; sanity hearings, A.R.S. § 13-1674; medical liability review panels, A.R.S. § 12-567(B)(4) and (M); and mental health proceedings, A.R.S. § 36-545.04. Therefore, Arizona Rules of Evidence, Rule 706(a) was prefaced by the availability of these funds or the compensation of the experts to be agreed upon, and Federal Rules of Evidence, Rule 706(b) was not adopted, and paragraphs numbered (c) and (d) were renumbered paragraphs (b) and (c) respectively.

HISTORICAL NOTE

Source:

Federal Rules of Evidence, Rule 706, (modified).