SFRC TESTIMONY · Title: SFRC TESTIMONY Subject: SFRC TESTIMONY Keywords
Welcome to the International Right of Way Association’s Course 804 Skills of Expert Testimony
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Transcript of Welcome to the International Right of Way Association’s Course 804 Skills of Expert Testimony
1
Welcome to the International Right of Way
Association’s
Course 804
Skills of Expert Testimony
804-PT – Revision 5 – 12.12.07.INT
2
Introductions
Who we are…What we do…
Where we do it…
How long we’ve been doing it…
Our goals for the course...
3
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
4
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
5
Housekeeping
6
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
7
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
8
Testimony Testimony provides or supplements the evidence for the record in a legal action.
DepositionsAdministrative Hearings
Tribunals or other Court Appointed Boards
Court Proceedings
9
Testimony Types
Direct
Cross
Redirect
Recross
Rebuttal
10
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
11
Expert Witness (2)
AccountantsAppraisersArchitects
ContractorsCost Estimators
EngineersGeologists
Land PlannersNegotiators
Relocation AgentsZoning Officers
Etc.
In the final analysis, the court determines who is an expert.
12
Lay Witness (1)
A lay witness is a person whois not an expert but who testifies
in a legal proceeding.
13
Lay Witness (2)
Property ownerParty to a sales transaction
TenantEtc.
14
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.
15
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?
16
Succinct
Relevant
Makes sense
Resolves or Explains
Good story
Truthful
Positive
Single perspective
17
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.
18
19
USPAP/CUSPAP (1)
Both USPAP and CUSPAP promote and maintain a high level of public trust in
professional appraisal practice.
20
USPAP/CUSPAP (2)
Scope of Work
Disclosure
Workfile
Jurisdictional Exception
21
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.
22
3 “Cs”Communication skills
Competition
Competitiveness
23
Becoming a Good Witness (1)
Review the case
Dress appropriately
Tell the truth
Take time
Speak clearly
Listen
24
Becoming a Good Witness (2)
Answer questions directly
Stay calm
Stay silent
Be yourself
Be politeAct professionallyBring a calculator
25
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.
26
Trial
A trial is a formal examinationbefore a competent tribunal to
decide the issue in dispute.
Team PreparationIndividual Preparation
Testimony
27
Testimony
Waiting to Testify
Testimony (direct)
Testimony (cross)
28
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
29
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