When an appraiser is retained as an expert witness in a litigation case, their role may eventually involve testimony at a deposition and, if the matter proceeds to trial, in a court hearing. While both situations serve the purpose of presenting the expert’s knowledge and opinions, there are differences in format, strategy, and impact. Understanding these distinctions helps attorneys and appraisers prepare effectively.
Purpose
A deposition’s primary purpose relates to discovery. Opposing counsel seeks to understand what the expert knows, their qualifications, and the opinions they will present. Depositions enable both sides to assess the strengths, weaknesses, and credibility of the opposing party before trial.
Trial testimony is more aligned with persuasion. At trial, the expert is there to clearly explain technical issues to the judge or jury and strengthen the retaining party’s position.
Audience
At deposition, the audience is limited to the attorneys, the court reporter, and sometimes the involved parties. A deposition transcript or video is the final product.
In a court trial or hearing, a judge and/or a jury will be in attendance. It is important for the appraisal expert to adjust their language to be clear and relatable for non-technical listeners.
Questioning Style
In a deposition, opposing counsel holds the cards and is the only one questioning until the very end. They will typically ask wide-ranging questions in a repetitive style, probing and prodding the expert witness. Although the tone may be less formal, it is still stressful for the expert to maintain consistent and concise responses without becoming frustrated. The attorney’s goal is to lock the expert into specific statements.
At trial, questions are more structured. Direct examination by the retaining attorney highlights the expert’s qualifications and key opinions, while cross-examination by opposing counsel attempts to challenge credibility.
Preparation
Deposition prep focuses on consistency, clarity, and avoiding speculation. Experts must be careful not to overstate or provide unnecessary detail that can be used later at trial.
Trial testimony, on the other hand, emphasizes the importance of communication skills, confidence, and the ability to convey complex concepts in plain language. The expert’s demeanor and ability to connect with the judge and jury can be as important as the content of their opinions.
In summary, expert witnesses should approach depositions and trial/hearing testimony with different mindsets. The deposition is about surviving scrutiny and establishing a record, while trial testimony is about persuasion and clarity. Experts who recognize and prepare for these differences are better positioned to deliver credible, compelling testimony when it matters most.