Testifying in Court/ Do's and Don'ts

[hastalavista]

Have to disagree with Elliot. I love cross.

I would have never guessed!!!

 

[Fred]

I would have never guessed!!!

:icon_smile:
That's why it is hard form me to give advice. What style will work for you depends on how you look, sound, dress, act, where (state) you are testifying in, what style the lawyer has, (judge or jury, court of mediation) ) etc. Although, waiting to give time for objections is generally a good idea.

 

[Brian Weaver]

If opposing counsel asks a "trap" question that you anticipate...arrange a subtle signal that the attorney you're working for will recognize so they can re-ask it on re-direct.

Scratch your nose...stroke your chin...something.

Most important of all...make certain the side you're working for knows what to ask and HOW to ask it. Both of you AND the other appraiser.

Make certain that the lawyer on your side of the case asks you all the tough questions that you anticipate the other side will ask.

Naturally, you WILL have the answers. It'll take the wind out the other side's sails.

Don't answer ANY question from the other side right away...even if you know the answer. Give your lawyer time to raise an objection.

 

[Elliott]

Brian,
A good attorney knows when to jump in.
I wouldn't pre-arrange sign language....might
be like Vegas, your opening yourself up for
appeal when they review the video tape.
Might even be interpreted as colusion to
alter testimony, which would be akin to perjury.

elliott

 

[Terrel L. Shields]

Don't be too verbose. Answer the questions as simply and directly - Good

Don't answer a question that is not being asked. Sometimes attorneys ramble on and on and never get to the point of asking a question. Saying, "I didn't understand a question will you repeat it" throws off the long winded ones. Only the neophyte lawyer will do that.

I do not believe the adage about being an "advocate" for the appraisal. I am not an advocate. I do have a bias. The bias of no bias is a bias. If queried in such a manner as to imply you favored one party, simply say, "my report bears out my honest statement of impartiality in the certification." The lawyer has to then make a case that something in the report suggests that you were biased towards one party or the other.

 

[jay trotta]

the attorney should have had some experience in questioning - collusion fer testimoney can be detremental.

one of the cases we worked on was for an attorney (his house) for an assessment appeal; any of the questions asked by the town atty. if directed in an appropriate way to benefit them, was always rebutted by the atty. we represented that was beneficial to him, it's a tit for tat game.

hey, ifn the Lawyer can't figure it out, he shouldn't be in court - he/she should be home studying.......ROFL

PS - bring whatever to court, wadda ya want it to be boring, he who goes in unarmed - has no reason to wonder about the end result - unprepaired people, non prevailing winds

 

[Jungle Boy]

Been to court only once, but this is what I learned.

Be alert, and give yourself time to think.
I had the opposing attorney tell me that the subject was a year older than my appraisal said it was. I nearly got taken by that one.
I had completed the appraisal in November, and court was in February if I remember correctly. Of course the subject was a year older than at the effective date of the appraisal.


Know more than what is in your file or report.
The opposing attorney asked me about other sales on the subject street and neighborhood which had sold for much less than subject size houses. Even brought up a non-armslength sale. These sales were not comparable to the subject, but could have made me look bad if I hadn't known about them.

The following are my personal opinions.
Remember everything about the subject, study photographs.
Look good when at the stand. Don't slouch, act confident even if not.
Speak slowly, so you have more time to think while speaking. Don't speak until you know how you'll end that sentence.

 

[Richard Carlsen]

Interesting subject and one that I will concentrate on for 7 hours beginning at 8:30am tomorrow morning.

Michigan court rules now require a trial judge to certify experts. This could mean new or additional standards to qualify as an expert witness; standards that you will want to kow about in advance of getting on the stand.

As part of the Continuing Education for Brokers and Appraisers, our local Board of Realtors offers a class taught by the senior and most respected appraiser in our area called "Litigation and the Appraiser Expert Witness 2006". Seven hours of con-ed credit plus a whole lot of valuable information.

I'm looking forward to this class.

 

[Bobby Bucks]

This is the best topic and thread in months, thanks.

 

[Webbed Feet]

To All,

Everyone who responded.. Thank you very much. Everything went very well. All of your thoughts as a "Refresher" on all the points made were valuable. Great informative thread.

Barry Dayton