1. 1 Welcome to the International Right of Way Association’s Course 804 Skills of Expert Testimony 804-PT – Revision 5 – 12.12.07.INT

2. 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. 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. 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. 5 Housekeeping

6. 6 Schedule (1) 8:00 - 8:30 Introductions, Etc. 8:30 - 9:40 The Expert Witness 9:40 - 10:15The Story that Needs to be Told 10:30 - 11:15 Establishing the Team Approach 11:15 - 12:00USPAP and CUSPAP 1:00 - 1:20 USPAP and CUSPAP 1:20 - 1:45 A “Good” Witness

7. 7 Schedule (2) 1:45 - 2:00 Preliminary Analysis 2:00 - 2:15 Discovery 2:30 - 3:45Trial Preparation, Direct Testimony and Cross Examination 3:45 - 4:00 Summary and Review 4:00 - 5:00Exam

8. 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. 9 Testimony Types Direct Cross Redirect Recross Rebuttal

10. 10 Expert Witness (1) An expert witness is one having, involving or displaying special skills or knowledge derived from 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. Knowledge Skill Experience Training Education

11. 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. 12 Lay Witness (1) A lay witness is a person who is not an expert but who testifies in a legal proceeding.

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

14. 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. 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. 16 Succinct Relevant Makes sense Resolves or Explains Good story Truthful Positive Single perspective

17. 17 Team A team is a group of people linked in a common purpose. In an interdependent team the common purpose cannot be accomplished without the help of all team members.

18. 18

19. 19 USPAP/CUSPAP (1) Both USPAP and CUSPAP promote and maintain a high level of public trust in professional appraisal practice.

20. 20 USPAP/CUSPAP (2) Scope of Work Disclosure Workfile Jurisdictional Exception

21. 21 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.

22. 22 3 “Cs” Communication skills Competition Competitiveness

23. 23 Becoming a Good Witness (1) Review the case Dress appropriately Tell the truth Take time Speak clearly Listen

24. 24 Becoming a Good Witness (2) Answer questions directly Stay calm Stay silent Be yourself Be polite Act professionally Bring a calculator

25. 25 Discovery Discovery includes 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.

26. 26 Trial A trial is a formal examination before a competent tribunal to decide the issue in dispute. Team Preparation Individual Preparation Testimony

27. 27 Testimony Waiting to Testify Testimony (direct) Testimony (cross)

28. 28 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

29. 29 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

30. 30 Thank you! 804-PT – Revision 5 – 12.12.07.INT