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.

There are few things you can face as a business owner as scary as facing a potential lawsuit or court case. It has the potential to end your business if it isn't handled correctly and can impact your livelihood for years, or even decades, to come. However, when your machinery is involved, nothing can change things as quickly as bringing in an equipment appraiser as expert witness in your case. It can quickly make the difference between successfully proving your claims and suffering from a devastating financial loss at your business. Here's a quick look at what happens when you decide to use an expert as a witness in your court case.

What Happens When You Use an Appraiser as Expert Witness?

• Provides credibility. An expert witness is expected to have deep knowledge of a subject, something that a certified equipment appraiser has in spades. Their professional credentials provide proof of their knowledge while their expertise provides your side of the case with strong credibility with regards to the value and condition of your equipment. Their background and experience is weighed in to deliver a true level of expertise that will be difficult to impossible for the opposition to disprove or counter in the process.
• Proves equipment values. When you work with a certified equipment appraiser, they're able to walk the court through the process of determining the value of machinery. The methodologies that they've been taught to use in the field have had decades of testing in a wide range of situations, including legal settings. This means that their calculation of your machinery values will hold up with other methods of determining value fall well short of the level of accuracy demanded by a court case.
• Documents accurate condition. What condition was your equipment in during the time in question for the court case? It's not uncommon for one side or the other to inflate or deflate the value of equipment by making spurious accusations about the equipment's value or that it's being downplayed by the other side. Having a certified equipment appraiser represent your equipment's condition documents that condition and its relative value for the court with no emotional arguments, just solid, stated facts for the record.
• Reduces the opposition's credibility. Is the other side making a lot of accusations and wild claims about your machinery, its condition and its value? Whatever your court case is about, it's expected that both sides will exaggerate or downplay certain aspects to improve their standing. Bringing in an expert witness to speak to the specifics of your equipment helps prove your credibility while reducing the credibility of the opposition's side of the argument, putting your business in a better light and position in the case.

When you choose to use an equipment appraiser as expert witness to provide testimony for your court case or lawsuit, you can better defend your position, especially if your company or equipment values have been blown out of proportion by the opposing side in the case. Using an equipment appraiser as a witness can help in any number of ways, but you'll want to make sure you work with a certified appraiser to ensure that the testimony they provide can be backed up by solid figures and methodologies.