Reading Room Document

Proper Agency to Make Payment for the Compensation of Court-Appointed Expert Witnesses in Cases Handled by the Department of Justice

The document discusses the proper agency responsible for compensating court-appointed expert witnesses in cases handled by the Department of Justice. The conclusion reached is that in criminal cases, the Administrative Office of the United States Courts is required to compensate the witnesses, while in condemnation and "other civil cases," it is the agency initiating and litigating the action. The document presents questions regarding the interpretation of the language in Rule 706 of the Federal Rules of Evidence, specifically regarding the compensation of expert witnesses and the responsibility of different agencies in different types of cases. It also raises the question of whether Congress should appropriate funds to the Administrative Office for compensating all court-appointed expert witnesses.

July 20, 1977