Reading Room Document

Obligation of United States to Compensate Court-Appointed Expert Witnesses in Pending Litigation

The document discusses the United States' obligation to compensate court-appointed expert witnesses in the case of United States v. R.J. Reynolds Tobacco Co. The conclusion reached is that the word "parties" in Rule 706 of the Federal Rules of Evidence includes the United States, and therefore, the United States is obligated to pay its fair share of the expert witness' compensation. The document presents the question of whether the Division should invoke the doctrine of sovereign immunity to recover payments already made or resist attempts by the defendants to charge the cost of the expert witness to the United States. The document also delves into the history of the matter and the legislative purpose of the Federal Rules of Evidence. It concludes that invoking sovereign immunity in this case would go against public policy, fundamental fairness, and the congressional purpose of the Federal Rules of Evidence.

July 20, 1977