D. Kan. Rule 26.4

(a) Court-Appointed Experts. If a judge determines that the appointment of expert

witnesses in an action may be desirable, the judge will order the parties to show

cause why expert witnesses should not be appointed. After opportunity for hearing,

the judge may request nominations and appoint one or more such witnesses. If the

parties agree in the selection of an expert or experts, the judge will appoint the

agreed expert or experts. Otherwise, the judge may make the selection. The judge

will determine the duties of the witness and inform the witness thereof at a

conference at which the parties will have an opportunity to participate. A witness

so-appointed must advise the parties of the findings of the witness, if any. The

judge or any party may call the witness to testify. Any party may examine and

cross-examine the witness.

This rule does not limit the parties in calling their own expert witnesses.

(b) Compensation. Expert witnesses appointed pursuant to this rule are entitled to

reasonable compensation in such sum as the judge may allow. Such compensation

must be paid as follows:

(1) In a criminal case, by the United States as the judge orders out of available

funds;

(2) In a civil case, by the parties in equal portions, unless the judge otherwise

directs, and the compensation taxed as costs in the case.

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