Subpoena

[Heath Boyles]

I have received my first Subpoena. It appears my client is being sued. This is the first go-round for me with this. I havn't been involved in a lawsuit an have to admit, I'm a bit nervous. It was a retrospective assignment for insurance company.

Anyone out there with experience in this?

I'm wondering, do I have any friends in this situation? My work file is teh document requested. Should I be prepared to give testimony? If so, any suggestions on how to prepare for this?

Any feedback would be greatly appreciated.

 

[Lee Lansford]

One bit of advice: Don't share too much information in this forum specific to your appraisal.

 

[Doug Meyer]

You might want to sit down with a lawyer friend to possibly give you some advice on this! Also, take Lee's advice!!

 

[Michigan CG]

http://appraisersforum.com/showthread.php?t=141887&highlight=court

Read that.

http://appraisersforum.com/showthread.php?t=139709&highlight=testify

And that.

http://appraisersforum.com/showthread.php?t=138627&highlight=testify&page=8

And that.

http://appraisersforum.com/showthread.php?t=135561&highlight=testify

And that....and if you need more, search TESTIFY in the forum.

 

[Roscoeman]

If you want to send me a pm, I would be more than happy to share my story with you.

Just had a lawsuit dismissed in January 2008.

It is nerve racking...

Good Luck

 

[Mike Kennedy]

hang in there Heath. would u mind sharing what appraisal SOW and reporting format was requested and used. thanks.

 

[Mike Boyd]

Just be prepared to defend your report. If you did it right, the final value should be pretty obvious. When I say defend your report, I include every adjustment you made in the market analysis grid.

It does not appear that you are being sued. The parties will likely just ask questions about your report and any differences in characteristics you did or did not include....why those and not the new draperies, for example, Cost as opposed to value, improvements rather than maintenance. They might want to know the difference between a retrospective value and a current value. Do not offer an opinion of what the current value might be unless that was part of your assignment and in your scope of work.

Look at it is a learning experience......what lay people SEE when they look at a report.

I don't know that you will have any friends. Adversaries might involve another report completed by someone else.

 

[c w d]

hang in there Heath. would u mind sharing what appraisal SOW and reporting format was requested and used. thanks.

Heath, I would disregard any request for additional information in this forum. I mean no disrespect to Mike. However, until you have a chance to speak with legal counsel you should remember "Loose lips sink ships".

 

[Couch Potato]

Heath, I would disregard any request for additional information in this forum. I mean no disrespect to Mike. However, until you have a chance to speak with legal counsel you should remember "Loose lips sink ships".

And don't ever forget it. Anything posted here is fair game for the opposition.

 

[Gregory Beck]

I have received my first Subpoena. It appears my client is being sued. This is the first go-round for me with this. I havn't been involved in a lawsuit an have to admit, I'm a bit nervous. It was a retrospective assignment for insurance company.

Anyone out there with experience in this?

I'm wondering, do I have any friends in this situation? My work file is teh document requested. Should I be prepared to give testimony? If so, any suggestions on how to prepare for this?

Any feedback would be greatly appreciated.

I was called on a divorce case not too long ago. I called Dennis Black and he told me to call the lawyer and and ask if I was suponea-ed was it as a factual witness or I believe it was a general witness, i'm not sure but you can as Dennis Black he's always on this forum. The reason being if you are being supeona-ed as a fact witness then you must charge for your time in court. You tell this to the lawyer, he will then say oh! I don't need you as a fact witness I only need you as a general witness If you go as a general witness to your appraisal all you have to say is I am here as a general witness and can only attest to the value of the property as of the date of appraisal. This is waht you tell the lawyer. Here is what I did Once this is done the summons will show the judge and his tel # I called the Judge's chamber on the morning I was to show up and told his clerk I was sick and I could give a deposition by telephone....what could they say? I told the judge's clerk I would be available by phone all day. Guess what they never called my telephone and I never heard about again.:new_multi: