Experts
a)    Court Appointed:  ct can appoint an expert to testify in front of the jury per R 706
i)    how selected:  parties agree, ct picks own person; can get suggestions from parties
ii)    expert must agree to serve as an expert for you
iii)    appoitned expert will write a report and be subj. to depo by party
iv)    at trial expert can be called by any party and by the court
v)    you can tell the jury that the court appointed the expert, in the judge’s discretion; ACN says it “seems to be essential” but prob. means essential to have that part of the rule
b)    Experiments & Demos:  403/104b analyses
i)    Tests & Experiments
(1)    conduct the test/experiment for use as substantive evidence (you’ve done the test to generate data that is relied upon by your testifying expert)
(2)    foundation:  reliably conducted test
(3)    keep secret!
(a)    consulting-only experts must do the tests! and the testifying expert can’t be there
ii)    Recreations, Demonstrations (to demonstrate general principles of the field) Champeau
(1)    foundational test
(a)    in some cases, test must be properly conducted only; doesn’t have to be substantially similar to event; but must be at least similar to the event under certain cirx.  Four Corners Helicop.
(b)    must instruct jury
(c)    recreations must be fair & accurate depictions (else to weight)
(d)    must be helpful
(2)    objecting:  403 (jury v. likely to be influenced by this)
iii)    Simulations  to reenact the accident  McKnight
(1)    foundational test:  substantially similar (else to weight)
iv)    procedure:
(1)    104 relevance needs ct. finding that a jury could find the experiment makes sense
c)    Daubert Robinson Kelly
i)    hearing:
(1)    test “where cause for questioning the expert’s reliability arises”
(2)    At least in SJ context failure to hold a hearing may be an abuse of discretion.  But there are cirx when hearings are not req’d
ii)    burden:  proponent of the expert bears the burden of proof  by a preponderance (court must find by preponderance)