Courts have authority to appoint an expert of their own selection, and although the power is used sparingly it is available in technically complex cases.
Procedure. The court may appoint on motion or on its own, must give the parties an opportunity to comment on the nominee, must inform the expert of their duties in writing, and must require the expert to advise the parties of findings, sit for deposition, and be available for examination at trial by any party.
Compensation fixed by the court and paid as it directs, commonly split between the parties.
Effect on party experts. Appointment does not preclude them, and the jury may be told the expert was appointed by the court — which gives the appointed opinion considerable weight.
Where it is used. Valuation in owner disputes; scientific and engineering questions; accounting reconstructions; and cases where the party experts differ by orders of magnitude for reasons the court cannot resolve.
Party consent. Parties frequently agree on a neutral valuation or accounting expert without a formal appointment, defining the scope, the materials, the process for submissions, and whether the determination binds.
Practical judgment. A party with the stronger expert case usually resists; one facing a battle of experts before a lay factfinder frequently benefits.