Rule 28 - Expert Witnesses and Interpreters.(a)Expert Witnesses. The court may on its own motion or upon the motion of a party order the defendant or the State or both to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, and may appoint witnesses of its own selection. An expert witness shall not be appointed by the court unless the expert 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, and may thereafter be called to testify by the court or by any party. The witness shall be subject to cross-examination by each party. The court may determine the reasonable compensation of such a witness and may direct that it be paid either by the State or by the party who moved for appointment. The parties also may call expert witnesses of their own selection.(b) Interpreters. The court may appoint an interpreter of its own selection Compensation for interpreters shall be paid by the State.R.I. Super. Ct. R. Crim. P. 28
As amended by the court on July 1, 2002; last amended by Order dated June 22, 2017, effective 9/5/2017.2002 Committee Notes
The change is technical in nature and no change in substance is intended.
1972 Notes
Although Rule 28 is basically the same as its federal counterpart, subdivision (a) differs in two respects. First, it expressly authorizes the court to appoint expert witnesses upon the motion of a party as well as on its own motion; second, in the event a party moves for appointment, it authorizes the court to order payment of the expert by either the State or the moving party. These modifications make the rule conform more closely to existing statutory provisions. See G.L. 1956 (1969 Reenactment), §§ 9-17-19 (appointment of expert witnesses) and 9-29-7 (payment by State).
Subdivision (b) is essentially the same as its federal counterpart. There is no general provision contained in the General Laws for the appointment of interpreters; there is, however, authority for appointment of an interpreter where a party or a witness is a deaf or deaf-mute person. G.L.1956 (1969 Reenactment), § 8-5-8. Moreover, G.L.1956, § 9-29-7 provides for payment by the State of fees of interpreters appearing in the Supreme, Superior or District Courts.