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Question
In a complex accounting case, the court appoints an independent expert. The expert must advise the parties of her findings and is made available for deposition. At trial, both parties are allowed to cross-examine her. One party objects that court-appointed experts can never testify before the jury. What is the best ruling?
Overrule the objection because Rule 706 permits court-appointed experts to testify and be cross-examined.
Sustain the objection because court-appointed experts may advise only the judge in secret.
Sustain the objection unless both parties selected the expert.
Overrule the objection only if the expert agrees to waive compensation.