Equipment Appraisal Blog | Understanding Machinery Appraisals

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.

When legal disputes involve machinery and equipment, one often overlooked yet critical player is the appraiser. These professionals bring both valuation experience and the credibility needed to serve as expert witnesses in court. Their opinions can have an impact on the overall value differential involved with a case.

Typically, an appraiser is engaged by one side involved in the dispute and/or their legal counsel. However, the valuation is completed objectively, without bias, and with the courts' support to facilitate an outcome. An accredited appraiser with experience in these types of situations should be sought out, as they will provide a supportable, defensible opinion of value along with a qualified report.

Equipment appraisers do more than just assign values when acting as expert witnesses. Their conclusions are based on methodologies that meet the Uniform Standards of Professional Appraisal Practice (USPAP) or other recognized guidelines. Their reports should withstand legal scrutiny and are often central to a case's financial arguments.

Testifying in depositions and court proceedings allows appraisers to explain valuation processes in clear, accessible terms to judges, attorneys, and juries. Under cross-examination, a credible expert can maintain composure under pressure, defending their conclusions with experience and knowledge.

Situations that commonly call for expert appraisal testimony include litigation over business value or asset division; estate settlement; divorce dissolution; damage claims involving machinery (fire, flood, accidents); bankruptcy; investor buyout conflicts; tax court proceedings; and asset liquidation.

Not all appraisers are suited for the courtroom. A dependable expert witness should have professional designations (e.g., ASA, CEA, or other relevant credentials); experience in providing equipment appraisals across a broad range of industries and markets; strong communication skills, both in writing and verbal testimony; and a history of legal experience, including depositions and trial appearances.

Hiring a qualified equipment appraiser as an expert witness can add substantial credibility to a legal case. Their insight helps courts make informed decisions, especially when significant tangible investment is involved, and parties are far off in their internal assessments. If you are facing a legal matter involving machinery or equipment, consulting and engaging with an experienced appraiser early can save time, money, and frustration down the line.