Subpoena For A Divorce

[Deleted member 77547]

Is it a true subpoena or a notice from the opposing attorney that you have been asked to appear in court? A subpoena is a subpoena and can't be ignored but a notice to appear is something a bit different and doesn't carry the same weight. In any case...

My engagement letter to all my clients notes that the fee is for the appraisal only and court services are extra. Once I get a letter requesting me to go to court I let the client know I've been asked to appear and remind them of the fee structure. If its a subpoena I go and get paid. If its a notice to appear by the opposing attorney, most likely it goes no further. Its sabre rattling by the opposing party.

 

[Cob]

Give it a rest. hahahahaha. How long have you been an appraiser. Did you come to seek legal advice from appraisers. If you can't handle them yourself contact a lawyer.

Assuming you did it on a fannie 1004 form , here is a suggestion, READ limiting condition number 4.

MichCG just picks and chooses what to address in my comments. No surprise there.

I didn't have to pick or choose anything to know you are acting like a complete jerk.....

 

[Cob]

Give it a rest. hahahahaha. How long have you been an appraiser. Did you come to seek legal advice from appraisers. If you can't handle them yourself contact a lawyer.

Assuming you did it on a fannie 1004 form , here is a suggestion, READ limiting condition number 4.

MichCG just picks and chooses what to address in my comments. No surprise there.

I didn't have to pick or choose anything to know you are acting like a complete jerk.....

Problem. Many lawyers have no clue themselves if you ask them. How many of them have read USPAP or the certifications on the report? The fact this lawyer subpoenaed an appraiser the way he did shows it. Ever see real estate contract written by lawyers? Some of the worst I've seen.

I might however call my E&O because they would probably put you in contact with an attorney on retainer by them who would know something about USPAP and give some guidance on what to do on the stand. It probably wouldn't cost you anything, and they would know the legal issues.

USPAP means absolutely nothing to the courts when you are in court, you can explain USPAP away all you want, it does't really matter.

 

[djd09]

I am The Jerk. But that is the first time i have been called that on here. Congratulations Cob you made the list!

 

[Artemis Fowl]

USPAP means absolutely nothing to the courts when you are in court, you can explain USPAP away all you want, it does't really matter.

Just repeating...

 

[hastalavista]

USPAP means absolutely nothing to the courts when you are in court, you can explain USPAP away all you want, it does't really matter.

I agree in that it doesn't matter as many think it might in regard to confidentiality.

Here is the excerpt of the confidentiality provision in the Ethics Rule. There are clear exceptions of when confidentiality does not apply.




Most would consider being ordered to testify in court, deposition, or other mandatory process, or having documents subpoenead during a legal process as being authorized by "due process".

The FAQs do not refer to court testimony directly (likely because the authors didn't think it necessary). However, reference to the concept can be found in this FAQ:



I do note that the FAQ states that it may be necessary to seek legal counsel when in question (that would be one benefit of a good E&O carrier).
I don't think I'd bother the attorney to ask them if I receive a duly authorized subpoena if that constitutes due process of law.

 

[Cob]

I agree in that it doesn't matter as many think it might in regard to confidentiality.

Here is the excerpt of the confidentiality provision in the Ethics Rule. There are clear exceptions of when confidentiality does not apply.

View attachment 31818


Most would consider being ordered to testify in court, deposition, or other mandatory process, or having documents subpoenead during a legal process as being authorized by "due process".

The FAQs do not refer to court testimony directly (likely because the authors didn't think it necessary). However, reference to the concept can be found in this FAQ:

View attachment 31819

I do note that the FAQ states that it may be necessary to seek legal counsel when in question (that would be one benefit of a good E&O carrier).
I don't think I'd bother the attorney to ask them if I receive a duly authorized subpoena if that constitutes due process of law.

USPAP is what we as appraisers have to follow, no one else, the courts, home owners, attorney's, etc.

 

[Peter LeQuire]

The law, perhaps?

 

[hastalavista]

USPAP is what we as appraisers have to follow, no one else, the courts, home owners, attorney's, etc.

Maybe I'm off on a tangent.
My point is that we can follow the USPAP and testify in court if required by due process; confidentiality (which many appraisers want to claim) is not in play in such a case. Neither is Jurisdictional Exception (one doesn't need an exception because the USPAP confidentiality provision doesn't apply when legal due process is in play).

Testifying as a witness of fact is much different than testifying as an expert.

 

[miktay]

was serviced with a subpoena last Thursday to appear at a divorce dissolution hearing regarding said property.

This happened to me about 2 years ago.
10 days later the lawyer called and told me I was not needed, as they settled the situation out of court.