Miss. R. Evid. 706

As amended through October 31, 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.

(f)Certain Eminent Domain Cases. Subdivisions (a)-(d) do not apply to an appraiser whom a court appoints - as required by law - for an immediate possession claim in an eminent domain case.

Miss. R. Evid. 706

Amended November 16, 1988, effective retroactive to1/1/1986; amended January 31, 1990; restyled eff. 7/1/2016.

Advisory Committee Historical Note.

Effective March 20, 1995, the Advisory Committee Note to Rule 706 was amended to note the repeal of a statute. 648-651 So. 2d 651 So. 2d XXVI (West Miss. Cas. 1995).

Effective January 31, 1990, Rule 706 was amended to reflect the decision in Hudspeth v. State Highway Comm'n of Miss., 534 So. 2d 210 (Miss. 1988), amending Rule 706, November 16, 1988, effective retroactive to January 1, 1986. 553-556 So. 2d XXVII (West Miss. Cas. 1990).

Advisory Committee Note

The language of Rule 706 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. The provisions regarding the appointment process and the expert's role - formerly combined in a single subdivision - now appear in separate subdivisions (a) and (b). These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

The essence of Rule 706 is contained in subsection (a). Subsection (a) provides specifically for the appointment of an expert either on the motion of a party or on the judge's own motion. It also provides for input by the parties into the selection process. Under the rule, the court-appointed expert may be deposed. Any party, including the party calling the expert, may cross-examine him. This rule was amended in 1988 in Hudspeth v. State Highway Commission of Mississippi, 534 So.2d 210 (Miss. 1988), to be consistent with the provisions of then existing M.C.A. 11-27-89 which provided that court appointed experts would not be compelled to testify. The amendment was made retroactive to January 1, 1986, the effective date of the Mississippi Rules of Evidence. Subsequent to the Hudspeth amendment, Rule 706(e) was amended to retain the substance of Rule 706(e) as originally approved by the Court in Hudspeth while deleting any reference to and dependence upon a specific statutory provision.

["Advisory Committee Note" substituted for "Comment," effective June 16, 2016; amended July 1, 2016, to note restyling.]

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