Anyone have experience as an Expert Witness - Testimony/Court Hearing?

[RCIValuations]

I'm being requested to appear in court for a divorce litigation but I have never testified in court before as an expert witness. An appraiser peer mentioned that I'm risking a potential sanction if I testify as an expert witness "without proper experience." Does anyone have experience and/or an opinion on this matter?

How does one gain experience as an expert witness? There has to be a "first time." If an appraiser appears in a court hearing, is it automatically defined as an "expert witness"? Can an appraiser appear in court and speak to his/her report not in the capacity of an "expert witness"?

Thanks for your help!

Snippet from 2021-2022 VDAM - Voluntary Disciplinary Action Matrix: Levels of Sanction

The VDAM has identified five levels of sanctions – I, II, III, IV, and V – with level V being the most serious. The matrix also includes a sliding scale that is based on whether the offense is an appraiser’s first, second, or third offense.
For example, page 1 of the 2020-2022 Matrix states, “Testifying as an expert without proper experience” might be a violation of the ETHICS RULE. For a first-time offender, this could be considered a Level II offense, and for a third-time offender this could be considered a Level IV offense.

 

[OSU Beavers]

Are you being hired for a reasonable fee, or did you complete an appraisal on the subject property in the past few years and the scumbag attorney is trying to get your report admitted as evidence for pennies on the dollar?

 

[RCIValuations]

No, I was paid a reasonable fee...

 

[RCIValuations]

I would be compensated fairly for my appearance in court and time. I'm curious about the "expert witness" label though. Can I appear in court and testify if I've never previously done so?

 

[Tiffany Gibbons]

I would be compensated fairly for my appearance in court and time. I'm curious about the "expert witness" label though. Can I appear in court and testify if I've never previously done so?

Yes. You are the expert on your appraisal report. The opposing attorney would just ask you questions about your report. Just brush up on it and make sure you get to review the other appraisal (if the other side's attorney got one). Collect your $200 per hour for testimony. They will get you out fast if it's just a normal house.

 

[RCIValuations]

Thanks!

 

[Ricky LaFleur]

There has to be a "first time."

From the way some appraisers talk, I was of the belief that some are naturally born with all the needed credentials.

Anyways, USPAP FAQ says this: "An appraiser may gain the knowledge and experience required through any or all of the following: personal study by the appraiser; association with an appraiser reasonably believed to have the necessary knowledge or experience; or, retention of others who possess the required knowledge or experience."

I always thought it curious, but from the source it seems it is perfectly allowable to even study by yourself to the point you become competent to perform the work.

 

[Ricky LaFleur]

Just brush up on it and make sure you get to review the other appraisal (if the other side's attorney got one).

I've always wondered how this works. You technically aren't doing an appraisal review, but you're supposed to be familiar with the other appraisal so that you could do what? You can't challenge something in the other appraisal without having performed a "review", as I understand it. You sound as though you've done it before; what can you or can't you say about the other appraisal?

 

[Elliott]

Its not that hard. You won't have a judge as stupid as Trump's. Tell the truth. Sit up straight. Listen to the question and answer it succinctly. Don't try to tell a joke. Its just a divorce.

 

[Terrel L. Shields]

No, I was paid a reasonable fee...

So you explicitly took a divorce assignment without having a litigation /expert witness class? IF SO, get on line NOW and find an on line class. Take it. I hope you didn't use a 1004 form to do this report. You will be double screwed if the opposing attorney decides to send the report to the state.