Subpoena For A Divorce

[djd09]

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

Why do you and the lawyers consider appraisers fact witnesses and not experts?

 

[hastalavista]

Why do you and the lawyers consider appraisers fact witnesses and not experts?

It depends on the circumstances of which I am being called to testify.
If I am being called to affirm that a report I completed was, indeed, done by me on such and such a date, that is a fact.
If I am being engaged as an expert, then much of my testimony is going to be my opinion.

As a witness of fact, I'm just going to affirm I did the appraisal.
As an expert witness, I'm going to go through the development process and explain the results.

Two different types of testimony with significantly different objectives.

As a fact witness, I get the going rate (which is a few dollars, if I recall).
As an expert witness, I get $250/hr, with minimums, etc.

I'd obviously prefer to be testifying as an expert rather than as a witness of fact.
That is why, if all they want me to do is affirm I completed the appraisal, I'll suggest they get the affidavit certification (as I alluded to earlier in this thread).

 

[djd09]

In my opinion it is all expert testimony. That is why we have licensing.

 

[hastalavista]

In my opinion it is all expert testimony. That is why we have licensing.

Your opinion is different from established Rules of Evidence which differentiate between the testimony of the witness.
Note that the differentiation has nothing to do with who the witness is or what the witness may do for a living/profession. It has everything to do with what kind of evidence the witness' testimony is being used as.
If the evidence that the witness is providing is factual, then Edward Teller can be called to the stand and asked if he saw a Nuke explode on July, 16, 1945. He is not testifying as an expert.
If the evidence that the witness is providing is his/her opinion about some technical issue or specialized subject-matter, and the opinion is to be considered as evidence, then he/she is testifying as an expert. Asking Edward Teller to describe how the Nuke worked when it exploded would be his expert testimony.

As a witness of fact, no one questions a person's expertise nor being called as a witness of fact has any inference on a person's expertise. Almost anyone can be a witness of fact.
As an expert witness, everyone questions a person's expertise and the entire qualification process to be an expert is all about inferences of a person's expertise. Only those who are appropriately qualified can be an expert witness.

I wouldn't let that differentiation hurt my feelings.
Two very different concepts.

 

[djd09]

That's ok the U.S. Constitution TRUMPS any so call definitions of witnesses. They do not want to pay for a professional then hostile witness it will be.

 

[Terrel L. Shields]

In my opinion it is all expert testimony. That is why we have licensing.

not true. Opinions cannot be extracted from a witness to fact. The other lawyer will get your testimony thrown out.

 

[hastalavista]

That's ok the U.S. Constitution TRUMPS any so call definitions of witnesses. They do not want to pay for a professional then hostile witness it will be.

I don't understand your point, other than if it is to argue if an appraiser is engaged for his/her expertise, they should be compensated for that expertise. To that point, no one in this thread disagrees.
The idea of being a hostile witness of fact when testifying that a report was, indeed, completed by the appraiser on the stand doesn't make sense to me. How hostile can one get after one says, "Yes, that is my report"? And, what purpose does it serve (except, perhaps, for self-satisfaction)?

I can appreciate the resentment to being called to the stand to say those 5-10 words. But I think there are plenty of ways to address this as an appraiser to avoid a court appearance.
We are no different than any other service provider who gets called into a litigation situation because something that we did in the order of our normal business practices is being used for purposes of that litigation.

I think this thread has some useful advice for the OP (and any other if in this situation).

 

[djd09]

You say witness of fact and i say expert. That report is signed by a licensed appraiser. They are calling you in to verify information. Why would you let the lawyers and courts treat you that way?

 

[djd09]

Why would you let the lawyers and courts treat you that way?

I forgot some like being abused.

 

[djd09]

Free hotdogs, Free beer, Free appraisal services. What a joke.