Rule 706 Court-appointed experts. In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that a particular expert witness was appointed by the court. [L 1980, c 164, pt of 1]

 

RULE 706 COMMENTARY

 

Fed. R. Evid. 706 purports to govern the appointment and compensation of expert witnesses. It also contains a subdivision (c) entitled, "Disclosure of appointment," which is similar to this rule. The Advisory Committee's Note to the federal rule points out that a trial judge has inherent power to appoint an expert witness, and defends subdivision (c) as "essential if the use of court appointed experts is to be fully effective."

Hawaii judges are empowered to appoint experts of their own choosing by HRCrP 28(a) and by Kamahalo v. Coelho, 24 H. 689 (1919). This rule does not address appointment or compensation because those matters are more appropriately dealt with in court rules than in rules of evidence.

 

 

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