Article 2. Appointment Of Expert Witness By Court of California Evidence Code >> Division 6. >> Chapter 3. >> Article 2.
When it appears to the court, at any time before or during the
trial of an action, that expert evidence is or may be required by
the court or by any party to the action, the court on its own motion
or on motion of any party may appoint one or more experts to
investigate, to render a report as may be ordered by the court, and
to testify as an expert at the trial of the action relative to the
fact or matter as to which the expert evidence is or may be required.
The court may fix the compensation for these services, if any,
rendered by any person appointed under this section, in addition to
any service as a witness, at the amount as seems reasonable to the
Nothing in this section shall be construed to permit a person to
perform any act for which a license is required unless the person
holds the appropriate license to lawfully perform that act.
(a) (1) In all criminal actions and juvenile court
proceedings, the compensation fixed under Section 730 shall be a
charge against the county in which the action or proceeding is
pending and shall be paid out of the treasury of that county on order
of the court.
(2) Notwithstanding paragraph (1), if the expert is appointed for
the court's needs, the compensation shall be a charge against the
(b) In any county in which the superior court so provides, the
compensation fixed under Section 730 for medical experts appointed
for the court's needs in civil actions shall be a charge against the
court. In any county in which the board of supervisors so provides,
the compensation fixed under Section 730 for medical experts
appointed in civil actions, for purposes other than the court's
needs, shall be a charge against and paid out of the treasury of that
county on order of the court.
(c) Except as otherwise provided in this section, in all civil
actions, the compensation fixed under Section 730 shall, in the first
instance, be apportioned and charged to the several parties in a
proportion as the court may determine and may thereafter be taxed and
allowed in like manner as other costs.
Any expert appointed by the court under Section 730 may be
called and examined by the court or by any party to the action. When
such witness is called and examined by the court, the parties have
the same right as is expressed in Section 775 to cross-examine the
witness and to object to the questions asked and the evidence
Nothing contained in this article shall be deemed or construed
to prevent any party to any action from producing other expert
evidence on the same fact or matter mentioned in Section 730; but,
where other expert witnesses are called by a party to the action,
their fees shall be paid by the party calling them and only ordinary
witness fees shall be taxed as costs in the action.