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Welcome to the International Right of Way

Association’s

Course 804

Skills of Expert Testimony

804-PT – Revision 5 – 12.12.07.INT

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Introductions

Who we are…What we do…

Where we do it…

How long we’ve been doing it…

Our goals for the course...

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Objectives (1)

At the conclusion of the course, you will be able to…

• Define expert witness and lay witness

• Understand better the expert witness’ role

• Recognize the basic qualities of an expert witness

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Objectives (2)

At the conclusion of the course, you will be able to…

• Know how to prepare better to testify

• Develop a basic understanding of trial preparation, direct testimony and cross examination

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Housekeeping

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Schedule (1)

8:00 - 8:30 Introductions, Etc.

8:30 - 9:40 The Expert Witness

9:40 - 10:15 The Story that Needs to be Told

10:30 - 11:15 Establishing the Team Approach

11:15 - 12:00 USPAP and CUSPAP

1:00 - 1:20 USPAP and CUSPAP

1:20 - 1:45 A “Good” Witness

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Schedule (2)

1:45 - 2:00 Preliminary Analysis

2:00 - 2:15 Discovery

2:30 - 3:45 Trial Preparation, Direct Testimony and Cross

Examination

3:45 - 4:00 Summary and Review

4:00 - 5:00 Exam

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Testimony Testimony provides or supplements the evidence for the record in a legal action.

DepositionsAdministrative Hearings

Tribunals or other Court Appointed Boards

Court Proceedings

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Testimony Types

Direct

Cross

Redirect

Recross

Rebuttal

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Expert Witness (1)

An expert witness is one having, involving or displaying special skills or knowledge derivedfrom training or experience

orAn expert witness is one with special skill or knowledge representing mastery of a particular subject.

orAn expert witness is an individual qualified by knowledge, skill, experience, training and education to testify in a legal proceeding.

Knowledge

Skill

Experience

Training

Education

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Expert Witness (2)

AccountantsAppraisersArchitects

ContractorsCost Estimators

EngineersGeologists

Land PlannersNegotiators

Relocation AgentsZoning Officers

Etc.

In the final analysis, the court determines who is an expert.

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Lay Witness (1)

A lay witness is a person whois not an expert but who testifies

in a legal proceeding.

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Lay Witness (2)

Property ownerParty to a sales transaction

TenantEtc.

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Storytelling

Storytelling is a communication tool to exchange information and to generate knowledge. Storytelling uses everyday

language and a narrative form to involve people in the process.

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The Traveler and His DogA traveler about to set out on a journey

saw his dog standing at the door stretching himself. He asked the dog sharply: "Why do you stand there

gaping? Everything is ready but you, so come with me instantly." The dog, wagging his tail, replied: "O, master!I am quite ready; it is you for whom I

am waiting."

The loiterer often blames delay on his more active friend.

Succinct?

Relevant?

Makes sense?

Resolves or Explains?

Good story?

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Succinct

Relevant

Makes sense

Resolves or Explains

Good story

Truthful

Positive

Single perspective

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Team

A team is a group of people linkedin a common purpose.

In an interdependent team the common purpose cannot be accomplished without

the help of all team members.

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USPAP/CUSPAP (1)

Both USPAP and CUSPAP promote and maintain a high level of public trust in

professional appraisal practice.

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USPAP/CUSPAP (2)

Scope of Work

Disclosure

Workfile

Jurisdictional Exception

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Witness

A witness is a person who swears or affirms under oath to give truthful evidence. A witness deposes as to his/her knowledge of facts at issue

between the parties to a cause.

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3 “Cs”Communication skills

Competition

Competitiveness

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Becoming a Good Witness (1)

Review the case

Dress appropriately

Tell the truth

Take time

Speak clearly

Listen

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Becoming a Good Witness (2)

Answer questions directly

Stay calm

Stay silent

Be yourself

Be politeAct professionallyBring a calculator

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Discovery

Discovery includes the techniques and procedures by which each attorney obtains information from the opposing party, witnesses and other parties. The purpose of discovery is the full and fair disclosure of the underlying facts and data. Discovery prevents surprises at trial.

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Trial

A trial is a formal examinationbefore a competent tribunal to

decide the issue in dispute.

Team PreparationIndividual Preparation

Testimony

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Testimony

Waiting to Testify

Testimony (direct)

Testimony (cross)

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Objectives (1)

Now, you are able to…

• Define expert witness and lay witness

• Understand better the expert witness’ role

• Recognize the basic qualities of an expert witness

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Objectives (1)

Now, you are able to…

• Know how to prepare better to testify

• Develop a basic understanding of trial preparation, direct testimony and cross examination

30

Thank you!

804-PT – Revision 5 – 12.12.07.INT