Del. R. Evid. 706

As amended through November 14, 2024

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. 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.

(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.

Del. R. Evid. 706

Amended November 28, 2017, effective 1/1/2018.

Comment

The Committee omitted a previous rule dealing with court appointed expert because it more properly belongs in the Rules of Civil or Criminal Procedure and should not be included in the Rules of Evidence. See Federal Rules of Criminal Procedure, Rule 28.

D.R.E. 706 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.