Massachusetts Guide to Evidence 2025 Edition MA R EVID § 706

(a) Appointment. If legally permissible, the court, on its own or at the request of a party, may appoint an expert. Unless mandated by law to accept the assignment, the expert shall have the right to refuse such appointment. The court, after providing an opportunity to the parties to participate, shall inform the expert of the duties encompassed in the appointment. The expert may be required to testify.

(b) Compensation. Expert witnesses so appointed are entitled to reasonable compensation, as set by the court, unless controlled by statute or rule. Except as otherwise provided by law, the compensation shall be paid by the parties in such proportion and at such time as the court directs, and thereafter charged in like manner as other costs.

(c) Disclosure of Appointment. The fact that the court appointed the expert witness shall not be disclosed to the jury.

(d) Parties' Choice of Their Own Experts. This section does not limit a party in calling its own experts.