KRE 706: Court-appointed experts
Where this section sits in the code
- KENTUCKY RULES OF EVIDENCE ----- Legislative Research Commission Note (7/1/92). Although denominated "rules," the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court "adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116."
(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
require 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 the witness
consents to act. A witness so appointed shall be informed of the witness' duties by
the court in writing, a cop y 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 the witness' findings, if any; the witness' deposition may
be taken by any party; an d the witness may be called to testify by the court or any
party. The witness shall be subject to cross -examination by each party, including a
party calling the witness.
(b) Compensation. Expert witnesses so appointed are entitled to reasonable
compensation in whatever sum the court may allow. Except as otherwise provided
by law, the compensation shall be paid by the parties in such proportions and at
such time as the court directs, and thereafter charged in like manner as other costs.
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