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Welcome to the International Right of Way Association’s Course 804 Skills of Expert Testimony

Welcome to the International Right of Way Association’s Course 804 Skills of Expert Testimony. 804-PT – Revision 5 – 12.12.07.INT. 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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Welcome to the International Right of Way Association’s Course 804 Skills of Expert Testimony

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  1. Welcome to theInternational Right of Way Association’sCourse 804Skills 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 - 8:30Introductions, 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 - 2:00Preliminary 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. Depositions Administrative Hearings Tribunals or other Court Appointed Boards Court Proceedings

  9. Testimony Types Direct Cross Redirect Recross Rebuttal

  10. Expert Witness (1) Knowledge Skill Experience Training Education An expert witness is one having, involving or displaying special skills or knowledge derivedfrom training or experience or An expert witness is one with special skill or knowledge representing mastery of a particular subject. or An expert witness is an individual qualified by knowledge, skill, experience, training and education to testify in a legal proceeding.

  11. Expert Witness (2) Accountants Appraisers Architects Contractors Cost Estimators Engineers Geologists Land Planners Negotiators Relocation Agents Zoning Officers Etc. In the final analysis, the court determines who is an expert.

  12. Lay Witness (1) A laywitness is a person whois not an expert but who testifiesin a legal proceeding.

  13. Lay Witness (2) Property owner Party to a sales transaction Tenant Etc.

  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 Dog A 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 teamis 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. USPAP/CUSPAP (1) Both USPAP and CUSPAP promote and maintain a high level of public trust in professional appraisal practice.

  19. USPAP/CUSPAP (2) Scope of Work Disclosure Workfile Jurisdictional Exception

  20. 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.

  21. 3 “Cs” Communication skills Competition Competitiveness

  22. Becoming a Good Witness (1) Review the case Dress appropriately Tell the truth Take time Speak clearly Listen

  23. Becoming a Good Witness (2) Answer questions directly Stay calm Stay silent Be yourself Be polite Act professionally Bring a calculator

  24. Discovery Discoveryincludes 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.

  25. Trial • Atrialis a formal examinationbefore a competent tribunal to decide the issue in dispute. • Team Preparation • Individual Preparation • Testimony

  26. Testimony Waiting to Testify Testimony (direct) Testimony (cross)

  27. 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

  28. 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

  29. Thank you! 804-PT – Revision 5 – 12.12.07.INT

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