Rule 406 – Fees of Expert – Apportionment

May 11, 2021 | Family Law, Idaho

Unless manifest injustice would result, (1) the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under Rule 404.B and Rule 405; and, in the event discovery is obtained by deposition under Rule 404.A, the party seeking discovery shall pay the expert a reasonable fee for time spent testifying at said deposition; and (2) with respect to discovery obtained under Rule 404.B the court may require, and with respect to discovery obtained under Rule 405 the court shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.

Id. Fam. Law. P. 406

Adopted April 2, 2014, effective for early adoptersJuly 1, 2014, effective statewideJuly 1, 2015.