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CO · rules

CRE 706

Court Appointed Experts

activein force · 2023-12-01 – presentact-effective-date

(a) Appointment. The court may on its own motion or on the motion of any party

enter an order 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 expert witnesses of its own selection. An

expert witness shall not be appointed by the court unless he consents to act. A witness so

appointed shall be informed of his 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 his findings, if any; his

deposition may be taken by any party; and he may be called to testify by the court or any

party. He shall be subject to cross-examination by each party, including a party calling him

as a witness.

(b) Compensation. Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may allow. The compensation thus fixed is payable from

funds which may be provided by law in criminal cases and civil actions and proceedings

involving just compensation under the fifth amendment. In other civil actions and proceedings the compensation shall be paid by the parties in such proportion and at such time as

the court directs, and thereafter charged in like manner as other costs.

(c) Disclosure of appointment. In the exercise of its discretion, the court may

authorize disclosure to the jury of the fact that the court appointed the expert witness.

(d) Parties’ experts of own selection. Nothing in this rule limits the parties in calling

expert witnesses of their own selection.

History

(Federal Rule Identical.) ANNOTATION Law reviews. For article, ‘‘The Use of Court Appointed Experts and Masters in Civil Cases’’, see 46 Colo. Law. 25 (Jan. 2017). Court-appointed expert who expresses his professional opinion in trial is not a partisan, but is, in effect, the court’s witness. Massey v. District Court, 180 Colo. 359, 506 P.2d 128 (1973); In re Lorenzo, 721 P.2d 155 (Colo. App. 1986).

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
c199cfc86f42ca1fe5a556d43facc4671c71c556112ec5948e6ea1e88652347e
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