Subpoena For A Divorce

[Carlos Danger]

I have received subpoenas at least 6-7 times. I only had to show up once.

 

[Artemis Fowl]

Please let make take time out of my day for free. No problem. Now when i leave the court house should i wash and wax the lawyers car too.?

Psssst. Never mind all that.
They are watching you now...
They are coming for you and I don't know what they are going to do...
There are 2 ways out of that building. One is that window...the other is with THEM.

 

[djd09]

 

[djd09]

 

[djd09]

DJDO9 in my opinion is being nothing but a jerk

Poor GW did you mix up the meds again? My name is on the forum. Dave. John. Guess the last for your prize.

 

[miktay]

My name is on the forum. Dave. John. Guess the last for your prize.

Duplaga ?
What's my prize?

 

[DWiley]

Most of the time, my appraisals were simply put on the record, and I was only asked if I'd appraised the property on its effective date, and whether the my appraisal's value was $zzz,zzz. Most of the time, the attorneys agree to stipulate my appraisal and I don't have to show up (essentially the same effect as the affidavit Denis suggests.)

I was once called as a "fact witness" and was hit with those same two questions. I responded to the first but indicated that before I would respond to the second I want to clarify if my role had changed. I noted that stating the value opinion would constitute an oral appraisal report. Hence, in order to respond I would have to be acting as an expert witness rather than a fact witness. The judge asked the attorney (not my original client, BTW) if he wanted to withdraw the question or hire me as an expert. At that point I indicated that I was not willing to accept an assignment from the attorney due to his conduct in the matter. I was dismissed without answering any further questions, and the judge ordered the attorney who had called me to pay for my time at my expert witness rate.

Edited to Add: By the way, I did not blindside the attorney. I told him ahead of time that if called as a fact witness I could not testify about value. To which he responded, "We'll just see about that."

 

[Mark K]

It looks like everybody's having fun here, as usual.

FWIW, I received a subpoena, duces tecum, last week regarding an appraisal. I wrote (and mailed) the judge a memo stating my duty of confidentiality to my client and asking the court to either a) issue a court order for me to comply or b) quash the subpoena. I'm still waiting but this isn't the first time I've done this. Sometimes, after consulting both sides in the case, the court issues an order to comply, other times they say 'never mind'.

If he issues the order, I'm relieved of my duty of confidentiality and I'll send the appraisal and file. If he quashes the subpoena, I'm done.

The OP should contact the att'y for compensation agreement. If he refuses to pay the OP should send the judge a note stating if they want anything more than a statement of 'yes I appraised the property' they need to make arrangements for expert witness compensation. Judges don't expect experts to work for free; some lawyers might try but the judges don't.

I spend more time than most appraisers in court; its not like TV. Its just another facet of appraisal work that can pay well if you're so inclined. I'm working three court-appointed assignments right now and will probably get called to testify in at least one, if not two of them. Nothing to be afraid of, except the first time is somewhat nerve wracking.

 

[Rick Stillman]

It looks like everybody's having fun here, as usual.

FWIW, I received a subpoena, duces tecum, last week regarding an appraisal. I wrote (and mailed) the judge a memo stating my duty of confidentiality to my client and asking the court to either a) issue a court order for me to comply or b) quash the subpoena. I'm still waiting but this isn't the first time I've done this. Sometimes, after consulting both sides in the case, the court issues an order to comply, other times they say 'never mind'.

If he issues the order, I'm relieved of my duty of confidentiality and I'll send the appraisal and file. If he quashes the subpoena, I'm done.

The OP should contact the att'y for compensation agreement. If he refuses to pay the OP should send the judge a note stating if they want anything more than a statement of 'yes I appraised the property' they need to make arrangements for expert witness compensation. Judges don't expect experts to work for free; some lawyers might try but the judges don't.

I spend more time than most appraisers in court; its not like TV. Its just another facet of appraisal work that can pay well if you're so inclined. I'm working three court-appointed assignments right now and will probably get called to testify in at least one, if not two of them. Nothing to be afraid of, except the first time is somewhat nerve wracking.

All well and good Mark. Thank you for your post.

My question is, say that conversation took place while I was on the witness stand - could I ask for a 15 minute recess to have the expert witness business agreement signed? I would have that prepared ahead of time and with me, in case this situation arose.

And, if yes - what if the attorney balks at, say, my requirement to be paid for 8 hours - and I say tough, those are my terms of engagement. Does it stop right there if we can't come to an agreement? I would imagine so - but I'd trust your experience more than my opinion ~

All interesting stuff. Knowing how attorneys like to be in control, I can anticipate difficulties like this.

I love hearing real world examples.

 

[Mark K]

I'd suggest trying to reach an agreement prior to taking the stand. The court's time is valuable and although a judge might go along with your request for a recess, he probably won't be very happy about it. Last thing you want is an unhappy judge. Attorneys like to pretend they are in control but once you're in the courtroom, you'll find out whose really in charge.

My standard fee is $zzz/hour with a 4 hr. minimum that includes file review time, travel time, waiting around to be called, and testifying time. Same goes for depositions. Never had an att'y balk yet.