Testifying in Court/ Do's and Don'ts

[Webbed Feet]

To All,

Those who have testified in court regarding your appraisals, what have you learned by it and can you share your thoughts? Questions to warn an attorney NOT to ask? Answers to avoid phrasing the wrong way? Double meaning questions to be on the look out for?

Any and all good ideas or thoughts?

Thank You,

Barry Dayton

 

[hastalavista]

Barry-

My advice:

1. Although you may be in a suit (or, at least, sports coat and slacks), make sure your clothing is comfortable.

2. Get a good night's sleep the night before.

3. Don't be afraid to ask the opposing attorney to repeat a question. Or, don't hesitate to repeat back the question to make sure you understand it (it also breaks up the cadence of the questions, if that is a technique the opposing side is using).

4. Never be afraid to refer to your notes.

5. Bring a copy of USPAP with you (just in case you get a wise-guy attorney who will ask you some obscure point of USPAP- although most have never heard of it).

6. If you don't know the answer or don't understand the question, do not be afraid to say so.

7. Don't be afraid to "consider" the question for a few seconds before you answer, and don't feel a need to "expand" upon your answer unless you feel its necessary. Many of the questions can and should be answered with a simple "yes" or "no".

8. If you get a break during your testimony, take a glass of water and relax- the initial testimony is the hardest (IMO); after the first time, you are a "pro" at it!

Good luck!

 

[Anne Matthews]

Some appraisers who work as expert witnesses also hire and bring their own attorney to court.

 

[Oregon Doug]

Barry, remember too that you can only be an advocate for your own appraisal - not for any of the proceeding participants - let the attorney do that.

Oregon Doug

 

[Mike Boyd]

Did YOU do an appraaisal on the property in question? If so, you will be sitting with the attorney who represents the client for whom you did the appraisal. If a question is asked that might be a case breaker, you might want to ask the court for a 5 minute break to confer with YOUR client('s attorney)

Otherwise, all that Denis wrote.

 

[Webbed Feet]

Mr. DeSaix,

Thank you for your response! It raised one interesting question to me. Your number "4" to not be afraid to refer to notes. .. Does this mean to take or not take the work file? .. Do you use a separate set of notes created only for testimony and not a part of the work file?

Barry Dayton

 

[Mike Boyd]

AND, don't try to be a wise guy or humorous. I sued a mobile home company once and the opposing attorney was a nasty b______. During his questioning, an ambulance or fire truck went by with sirens screaming. I stopped talking, looked at the nasty attorney and nodded as if to say, "do you want to be excused?" That just made Mr. Nasty MORE nasty. Later, my attorney scolded me and said if I ever did anything like that again I would have to look for another lawyer.

 

[Smokey Bear]

Watch out for questions that assumes something that hasn't been established. (from the other side, you want to be friendly to your side)

I remember being asked, in a non-appraisal depostion, "when you decided to move, did you ....." Well I hadn't decided to move, I was given a 30 day notice to move, and since the other side was being such a jerk, I didn't help them at all. I just said I didn't understand the question. they got huffy and asked it again using exactly the same wording, I said I didn't understand the question, my attorney was trying not to laugh, and finally said I could give them a little help. So I told him his question assumed facts not in evidence. He finally figured it out, but it totally got him off track. Make sure they ask one question at a time, and you don't have to agree to the way they phrase it. They like to change your language into something that you don't mean, but you don't have to agree to that language.

For instance, the other side (I was a whistle blower) kept saying "when you stole the papers...." and I kept saying I didn't steal them, they had been discarded, and they kept saying stole, trying to get me to agree that I stole them by asking questions that used that word. If you don't agree with their language, make that clear.

For instance if they keep using the word "inspected" because they want you to be held to a higher standard of observation, don't use that word, and make it clear everytime they say inspected that you are not a home inspector.

 

[Otis Key]

During his questioning, an ambulance or fire truck went by with sirens screaming. I stopped talking, looked at the nasty attorney and nodded as if to say, "do you want to be excused?" That just made Mr. Nasty MORE nasty. Later, my attorney scolded me and said if I ever did anything like that again I would have to look for another lawyer.

Now THAT was funny!

Uh - back to the thread. Barry, yes - take your file. Also, if you don't understand those double ended questions then ask for a clarification. Also answer the questions towards the judge and not the attorney. S/He is the ruling authority.

 

[The Warrior Monk]

Uh - back to the thread. Barry, yes - take your file. Also, if you don't understand those double ended questions then ask for a clarification. Also answer the questions towards the judge and not the attorney. S/He is the ruling authority.

RE: Work file

In the cases that I've testified in, the attorney holds on to the work file, and if necessary, will hand it to me.

If the attorney tries to force you into a yes or no answer when the answer is neither, indicate that you don't understand the question. Often the question gets rephrased.

Don't be too verbose. Answer the questions as simply and directly as possible. The attorney will handle the loose ends in the questioning.

Never forget that the expert witness is an advocate for their report only, not a party in the case.