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29 CFR Subtitle a (7–1–09 Edition) § 18.615

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29 CFR Subtitle a (7–1–09 Edition) § 18.615 § 18.615 29 CFR Subtitle A (7–1–09 Edition) whether called by the judge or by a § 18.704 Opinion on ultimate issue. party. Testimony in the form of an opinion (c) Objections. Objections to the call- or inference otherwise admissible is ing of witnesses by the judge or to in- not objectionable because it embraces terrogation by the judge must be time- an ultimate issue to be decided by the ly. judge as trier of fact. § 18.615 Exclusion of witnesses. § 18.705 Disclosure of facts or data un- At the request of a party the judge derlying expert opinion. shall order witnesses excluded so that The expert may testify in terms of they cannot hear the testimony of opinion or inference and give reasons other witnesses, and the judge may therefor without prior disclosure of the make the order of the judge’s own mo- underlying facts or data, unless the tion. This rule does not authorize ex- judge requires otherwise. The expert clusion of a party who is a natural per- may in any event be required to dis- son, or an officer or employee of a close the underlying facts or data on party which is not a natural person cross-examination. designated as its representative by its attorney, or a person whose presence is § 18.706 Judge appointed experts. shown by a party to be essential to the (a) Appointment. The judge may on presentation of the party’s cause. the judge’s own motion or on the mo- tion of any party enter an order to OPINIONS AND EXPERT TESTIMONY show cause why expert witnesses § 18.701 Opinion testimony by lay wit- should not be appointed, and may re- nesses. quest the parties to submit nomina- tions. The judge may appoint any ex- If the witness is not testifying as an pert witnesses agreed upon by the par- expert, the witness’ testimony in the ties, and may appoint expert witnesses form of opinions or inferences is lim- of the judge’s own selection. An expert ited to those opinions or inferences witness shall not be appointed by the which are rationally based on the per- judge unless the witness consents to ception of the witness and helpful to a act. A witness so appointed shall be in- clear understanding of the witness’ tes- formed of the witness’ duties by the timony or the determination of a fact judge in writing, a copy of which shall in issue. be filed with the clerk, or at a con- ference in which the parties shall have § 18.702 Testimony by experts. an opportunity to participate. A wit- If scientific, technical, or other spe- ness so appointed shall advise the par- cialized knowledge will assist the judge ties of the witness’ findings, if any; the as trier of fact to understand the evi- witness’ deposition may be taken by dence or to determine a fact in issue, a any party; and the witness may be witness qualified as an expert by called to testify by the judge or any knowledge, skill, experience, training, party. The witness shall be subject to or education, may testify thereto in cross-examination by each party, in- the form of an opinion or otherwise. cluding a party calling the witness. (b) Compensation. Expert witnesses so § 18.703 Bases of opinion testimony by appointed are entitled to reasonable experts. compensation in whatever sum the The facts or data in the particular judge may allow. The compensation case upon which an expert bases an thus fixed is payable from funds which opinion or inference may be those per- may be provided by law in hearings in- ceived by or made known to the expert volving just compensation under the at or before the hearing. If of a type fifth amendment. In other hearings the reasonably relied upon by experts in compensation shall be paid by the par- the particular field in forming opinions ties in such proportion and at such or inferences upon the subject, the time as the judge directs, and there- facts or data need not be admissible in after charged in like manner as other evidence. costs. 216 VerDate Nov<24>2008 15:04 Jul 27, 2009 Jkt 217109 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\217109.XXX 217109 erowe on DSK1DXX6B1PROD with CFR.
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