(a) The court may order the defendant or the government or both to show cause why an expert witness should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witness agreed upon by the parties, and may appoint a witness of its own selection. An expert witness shall not be appointed by the court unless he consents to act. (b) A witness appointed pursuant to Subsection (a) shall be informed of his 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 an opportunity to participate. A witness so appointed shall advise the parties of his findings, if any, and may thereafter be called to testify by the court or by any party. He shall be subject to cross-examination by each party.
COL120106
(c) The court shall determine the reasonable compensation of a witness appointed pursuant to Subsection (a) and direct his payment out of such funds as may be provided by law. (d) Nothing in this Section precludes a party from calling an expert witness of his own selection. NOTE: Section 95.85 is substantively the same as former Rule 28(a). See also Code Civ. Proc. § 1871; Fed. R. Crim. P. 28(a). See generally 8 Moore, Federal Practice &&28.01-28.04 (1974). Subsection (d) makes clear that the parties may call their own expert witnesses. In a proper case, the defendant may obtain an expert witness necessary to his defense at government expense. See § 75.15.