Court Appointed Experts — Rule 706

• Jurisdiction: Colorado

Court Appointed Experts — Rule 706

SUMMARY OF RULE 706

• Court may appoint expert witness on its own motion or motion of a party.
• Parties may agree to expert or court may select.
• Expert witness shall be informed of duties in writing and copy filed with the clerk.
• Expert witness is entitled to reasonable compensation. Court may apportion compensation between the parties.
• Any party may take an expert's deposition.
• Rule 706 does not limit the parties' ability to call their own expert witness.

LEGAL AUTHORITIES

• The report of a joint or court-appointed expert shall be received into evidence without further foundation unless a party notes an objection in the Joint Trial Management Certificate. C.R.C.P. 16.2(g)(2)(C).

• You may call the expert for cross-examination and voir dire on qualifications. C.R.C.P. 16.2(g)(2)(C).

• When there is a parental responsibility evaluation, the evaluator may testify and the evaluator's report may be received in evidence if the evaluator's report is properly prepared, is timely, the underlying data and information is provided, and the evaluator is qualified as set forth. C.R.S. § 14-10-127(2) through (7).

PRACTICE TIPS

• There are always concerns about the practice of shopping for experts, the venality of some experts, the reluctance of reputable experts to become involved in litigation, and the high...