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Expert Witness Testimony
As a prior Tax Judge for Sacramento County, I am often called upon for expert witness testimony about real property values. I have assisted with divorce, estate, property disputes and many other types of valuations for good causes.
As you know, an great appraiser can make a lousy witness and an average appraiser can make a perfect, case winning witness. Before you hire an appraiser as an expert witness - make sure they have the skills to win your case!
If you need my assistance - please contact me directly at 916-635-9663 or click here to send an e-mail to my cellular phone.
SIMPLIFIED RESTATEMENT OF FEDERAL RULES 701–706
Rule Explanation
701 Lay Opinion: If the witness is not an expert, opinion is admissible only when it is 1) rationally based on perceptions, and 2) helpful to the trier of fact.
702 Testimony by Experts: Expert opinions may be admissible if 1) the testimony assists the trier of fact, and 2) the witness is qualified as an expert.
703 Bases of Opinion Testimony by Experts: Expert opinion may be based on facts or data 1) actually seen or heard by the expert or 2) communicated to him at or before the hearing. Admissibility of the facts or data is not essential if typically relied on in this field.
704 Opinion on Ultimate Issue: An expert may express an opinion which 1) addresses an ultimate issue of fact, but opinions or inferences regarding the mental state of the accused are reserved for the trier of fact, and 2) when that mental state is an element of the crime charged or a defense to that crime.
705 Disclosure of Facts or Data Underlying Expert Opinion: An expert need not provide facts supporting the reason for his opinion unless 1) the court so requires, or 2) asked on cross examination.
706 Court Appointed Experts: The court 1) may issue an order to show cause as to why an expert should not be appointed, 2) may request nominations of an expert by parties, 3) may appoint an expert whether or not the parties agree to that expert, if the expert consents. The witness shall be informed of his duties 1) in writing, 2) a copy of which is filed with the court. The witness shall communicate his findings to the parties, and 1) may be deposed, 2) may be called to testify, 3) may be cross examined, and 3) shall be paid as the court directs. The jury’s knowledge of the court appointment is left to the discretion of the court. This rule does not limit parties from calling other experts.
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