28 U.S.C. 1915 makes no provision for a district court to either pay or waive fees for an expert witness. We cannot fault the court for not exercising a power it did not possess. Because the court has no authority to do so under 1915, it did not err in refusing to appoint an expert witness to help create a fact issue. In appropriate circumstances, however, a court may appoint an expert under Fed. The expert witness must either be agreed upon by the parties or selected by the court.
Compensation is by the parties in such proportion as the court directs.
To qualify as an expert, a witness's testimony must rest on a reliable foundation and be relevant to the task at hand. Pertinent evidence based on scientifically valid principles will satisfy those demands. This affidavit satisfies none of the indicia of reliability outlined in the Supreme Court's Daubert decision. Because he possessed no personal knowledge of plaintiff's mental condition, his affidavit does not satisfy Rule 701. Appeal from the U.S. District Court for the S. District of Texas.