Court Appointed Experts

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  2. Georgia Code
  3. Evidence
  4. Opinions and Expert Testimony
  5. Court Appointed Experts

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Except as provided in Chapter 7 of Title 9 or Code Section 17-7-130.1, 17-10-66, 29-4-11, 29-5-11, 31-14-3, 31-20-3, 44-6-166.1, 44-6-184, or 44-6-187, the following procedures shall govern the appointment, compensation, and presentation of testimony of court appointed experts:

  1. The court on its own motion or on the motion of any party may enter an order to show cause why any expert witness should not be appointed and may request 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. Each appointed expert witness shall be informed of his or her duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. Each appointed expert witness shall advise the parties of his or her findings, if any. Except as provided in Article 3 of Chapter 12 or Article 6 of Chapter 13 of this title, such witness's deposition may be taken by any party. Such witness may be called to testify by the court or any party. Each expert witness shall be subject to cross-examination by each party, including a party calling the witness;
  2. Appointed expert witnesses shall be entitled to reasonable compensation in whatever sum the court allows. The compensation fixed shall be payable from funds which may be provided by law in criminal proceedings and civil proceedings involving just compensation for the taking of property. In other civil proceedings, the compensation shall be paid by the parties in such proportion and at such time as the court directs and thereafter charged in like manner as other costs;
  3. In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness; and
  4. Nothing in this Code section shall limit a party in calling expert witnesses of the party's own selection.

(Code 1981, §24-7-706, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2012, p. 97, § 3/HB 744.)

Cross references.

- Court appointed expert witnesses, Fed. R. Evid. 706.

The 2012 amendment, effective January 1, 2013, substituted "44-6-166.1, 44-6-184, or 44-6-187," for "or 44-6-166.1," near the middle of the introductory paragraph.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2011, "and proceedings" was deleted following "civil proceedings" in the second sentence of paragraph (2).

Editor's notes.

- Ga. L. 2012, p. 97, § 1/HB 744, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Uniform Partition of Heirs Property Act.'"


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