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Fed. R. Evid. 706

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This page includes documents related to the court’s appointment of an expert under Federal Rule of Evidence 706(a), of a non-testifying consultant, and of a fee examiner.

Appointment of Experts, Consultants, and Fee Examiners is one of several Chapter 9 Online Repository categories.

In Print: Available for Distribution

This report to the Judicial Conference Committee on Court Administration and Case Management describes two different types of independent panels used in the silicone gel breast implants litigation. The use of such panels of appointed experts represents a marked departure from the traditional means of presenting and considering testimony. This report describes these expert panels in sufficient detail to permit others to understand the procedures that were used, the benefits that resulted, and the problems that arose. A similar version of this report was originally delivered to the Committee in November 1999.

Available Online Only

Letter to Professor Daniel J. Capra, Reporter, Judicial Conference Advisory Committee on Rules of Evidence.

In Print: Available for Distribution

A study of why judges rarely appoint experts under Rule 706. In discussing this issue with judges, the authors learned of techniques and procedures that may aid judges when considering whether to appoint an expert or when managing an expert who has been appointed. These suggestions are collected in the final chapter of this report.

In Print: Available for Distribution

A magazine that reported Center research and education activities in a concise format. In this issue of FJC Directions:

  • New Developments in Court Education: Taking It to the People, by Emily Z. Huebner, page 1
  • Defining a Role for Court-Appointed Experts, by Joe S. Cecil and Thomas E. Willging, page 6
In Print: Available for Distribution

A description of the appointment of expert witnesses under Federal Rule of Evidence 706. The report discusses procedures for appointing an expert and for payment of the costs.

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