Subpoena Received

[NorthTexValuation]

This situation keeps coming up here on the forum, and it would be nice to get a straight answer as to what facts are you allowed to testify to? Also what questions are you allowed to NOT answer unless the judge orders to?

You answer the questions the attorneys (or the judge) ask.

 

[Doug Meyer]

WOW! I have done several court appearances over the past few years and I was on/off the stand within 20 minutes. One time I was only asked 1 question by the opposing parties attorney and that was a yes/no question.

 

[NorthTexValuation]

WOW! One time I was only asked 1 question by the opposing parties attorney and that was a yes/no question.

Let me guess, the question Mr. OpposingAttorney asked was:

"Are you still performing grossly negligent and fraudulent appraisal reports like this one?"

 

[PropertyEconomics]

"I did an appraisal with a value conclusion of X." Those are facts--and given confidentiality matters, cannot be answered unless the judge orders you to. How you arrived at the value and the analysis of the sales that got you there go beyond facts--analysis is the stuff of an expert.

Pete .. careful .. the value conclusion is confidential and should not be discussed with anyone other than the client!!! As an expert of fact I believe you could only say you performed an appraisal ... then explain to the judge that you are bound by confidentiality not to discuss the conclusions or the contents of the appraisal report.

Most judges well understand confidentiality and will not force a witness to break that confidentiality.


Were I then ordered to testify, I would direct to the judge that I am being asked to testify as an expert witness but no arrangements have been made for paying for my expert testimony. I would then seek his assistance on the record as to who was to pay my fee for my expert testimony.


MichCG ... if the subpoena requires the appraiser to bring their work file they better take it ... not doing so may be a contempt issue. That being said, however, it is also just as likely the attorney cannot require an appraiser to bring confidential documents to court ... thus they would have to petition the court for production of documents .. not as easy as it sounds I dont believe.

Finally, I see no reason why an appraiser in this instance needs legal counsel to represent them. You are a witness not on trial ........

 

[Smokey Bear]

but a subpoena is a subpoena.

Not so. In some jurisdictions, an attorney can issue a subpoena, but without the judge's signature, it doesn't have the force of the law. Many laywers will go on fishing expeditions, issuing subpoenas that a judge wouldn't sign, just to see what they get from those who don't know any better. Edited to add - this is pertaining to subpoenas for someone not a party to the lawsuit.

 

[OSU Beavers]

Finally a voice of reason.

Not so. In some jurisdictions, an attorney can issue a subpoena, but without the judge's signature, it doesn't have the force of the law. Many laywers will go on fishing expeditions, issuing subpoenas that a judge wouldn't sign, just to see what they get from those who don't know any better. Edited to add - this is pertaining to subpoenas for someone not a party to the lawsuit.

That is what I am talking about. An attorney trying to get free expert witness testimony out of an appraiser. :new_multi:

Googled around and found a few links:

How to Release a Subpoena

What Is a Fact Witness?

Subpoena versus confidentiality obligations for appraisers.

 

[Doug Meyer]

Let me guess, the question Mr. OpposingAttorney asked was:

"Are you still performing grossly negligent and fraudulent appraisal reports like this one?"

Not really, the question was ...Did the lender give me an estimate of the value (bankruptcy). I answered no and I was on my way!!

By the way, I will assume that your question was asked in jest? I do hope you were not personally attacking my work.