Legal Opinion

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

Department of Justice Office of Legal Counsel

Decided July 20, 1977Published

1Opinion of the Court

July 20, 1977 77-43 MEMORANDUM OPINION FOR ASSISTANT GENERAL COUNSEL OF THE GENERAL ACCOUNTING OFFICE Compensation of Court-Appointed Witnesses* This is in response to your request for our opinion on the proper agency to make payment for the compensation of court-appointed expert witnesses in cases handled by the Department of Justice. We conclude that where a court appoints an expert witness pursuant to Rule 706 of the Federal Rules of Evidence,1 as a matter of law either the Administrative Office of the United States Courts or the litigating agency is required .to compensate such witnesses…

2Cases cited4 opinions

  1. Scott v. Spanjer Bros., Inc.Court of Appeals for the Second Circuit · 1962
  2. Grand River Dam Authority v. JarvisCourt of Appeals for the Tenth Circuit · 1942
  3. United States v. 2,186.63 Acres of Land, Wasatch County, Utah (H. Clay Cummings Estate)Court of Appeals for the Tenth Circuit · 1972
  4. United States Ex Rel. Tennessee Valley Authority v. 109 Acres of LandDistrict Court, E.D. Tennessee · 1975

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