ER 706 is a rule of evidence in Washington State that governs the appointment and use of court-appointed expert witnesses. This rule is critical for ensuring that expert testimony is unbiased and aids in the fair administration of justice. Whether you’re an attorney, a litigant, or simply interested in Washington law, understanding ER 706 can provide valuable insight into how expert witnesses are utilized in the courtroom.

Key Provisions of ER 706

ER 706 outlines the procedures and guidelines for appointing expert witnesses in court. Here are the essential aspects of the rule:

1. Appointment of Expert Witnesses: The court may appoint expert witnesses on its own motion or at the request of any party involved in the case. The court can choose experts suggested by the parties or select its own. Importantly, an expert cannot be appointed without their consent. Once appointed, the expert’s duties are clearly outlined by the court, either in writing or during a conference that includes all parties.
2. Expert’s Role and Testimony: The appointed expert must inform all parties of their findings, and any party may take the expert’s deposition. The expert can be called to testify by the court or any party involved in the case and is subject to cross-examination by all parties, ensuring transparency and thorough examination of the expert’s contributions.
3. Compensation: Experts appointed by the court are entitled to reasonable compensation, determined by the court. The payment is usually divided among the parties as directed by the court and is treated as part of the court costs.
4. Disclosure to the Jury: The court has the discretion to inform the jury that an expert witness has been appointed by the court, which can add credibility to the expert’s testimony.
5. Parties’ Right to Select Their Own Experts: ER 706 does not limit the ability of parties to hire and call their own expert witnesses, allowing for a broad range of expert opinions to be presented in a case.

For more detailed information, you can review the full text of ER 706 here.

Why ER 706 Matters

Court-appointed experts under ER 706 play a pivotal role in ensuring that expert testimony is impartial and based solely on the facts of the case. By appointing an independent expert, the court can help balance the interests of all parties and ensure that the jury receives unbiased, professional insights on complex issues.

This rule is especially significant in cases where specialized knowledge is essential for understanding the evidence or reaching a fair verdict. The option for the court to appoint its own expert, alongside those selected by the parties, adds a layer of objectivity and enhances the integrity of the judicial process.

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Explore More Articles on Evidence

If you’re interested in further understanding how evidence works in Washington State courts, check out these related articles from Blanford Law:

1. Evidence Rule 401: The Foundation of the Rules of Evidence
   • This article explains the importance of Rule 401, which defines what constitutes relevant evidence. Learn how this foundational rule affects every court case and what makes evidence admissible.
2. Washington State Rule of Evidence 403: Protecting the Jury from Misleading Evidence
   • Rule 403 ensures that even relevant evidence can be excluded if it risks confusing or misleading the jury. This article covers how courts balance probative value against the potential for prejudice.
3. Evidence 608: A Guide to Character Evidence and Witness Credibility
   • Rule 608 focuses on how the credibility of a witness can be attacked or supported using character evidence. This article explores the intricacies of presenting or defending character evidence in court.
4. Understanding ER 706: Court-Appointed Experts in Washington State
   • Learn about ER 706, which governs the use of court-appointed experts in Washington. This article breaks down how expert testimony can influence a case and the role these experts play in ensuring fairness.