Friday, April 27, 2007

COMPENSATION OF EXPERTS Jury charge

OPTIONAL CHARGE CONCERNING COMPENSATION OF EXPERTS


The expert witnesses who testified, of course, are paid for their work. [CHARGE
WHERE APPROPRIATE:1 Experts are paid for their special knowledge, skill, experience, or
training. Some may be full-time employees who receive a regular salary for their work, and some
may be outside experts consulted for this particular case who receive a fixed or hourly fee.]
You may consider the compensation received by the expert witness(es) as bearing on
(his/her/their) credibility. You should understand, however, that there is nothing improper in any
expert receiving reasonable compensation for (his/her) work or for (his/her) appearing in court.
[CHARGE WHERE APPROPRIATE IF RAISED BY THE EVIDENCE]
If you find from the evidence that the amount of compensation received is unreasonable,
or if you find from the evidence that the expert was paid simply to reach a particular result, you
may consider whether that affects the credibility, interest or bias of the witness.
[CHARGE IN ALL CASES]
As always, you may give the opinion such weight as you determine it deserves, consistent
with the general rules of determining credibility.

1
See State v. Smith, 167 N.J. 158, 189 (2001).