Establish an Expert Appraisal Witness
Establish an expert appraisal witness based upon his testimony resting upon a reliable foundation and his testimony being relevant to the tasks at hand.
The “Frye” test, (Frye v. U.S., App DC 46. F 103) was the standard for admitting an expert appraisal witness’ testimony into the record of the court until 1993. The District of Columbia Federal Court of Appeals stated, “Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.” For 70 years the court used these criteria to establish an expert appraisal witness. Interpreted, this declaration simply says that unless the expert appraisal witness’ testimony was based upon scientific technique that was “generally accepted” in the scientific community then it would not be accepted as expert appraisal witness testimony.
The Daubert “upset”, ( Daubert v. Merrill Dow 509 US 579) ushered in Federal Rule 702 that prevails today over the acceptance of an expert appraisal witness’ testimony into most courts of law. The “generally accepted” clause has been thrown out and we now have a defined criteria for the expert appraisal witness to see if his methodology or underlying reasoning can be applied to the facts of issue and is scientifically valid:
- a. whether the technique in question or theory, of the appraisal witness, can be and has been tested,
b. whether it has been subjected to publication and peer review,
c. its potential or known error rate,
d. the existence and maintenance of standards controlling its operation,
e. Whether it has attracted widespread acceptance within a relevant scientific community.
Now with other considerations the expert appraisal witness testimony must pertain to “scientific knowledge”.
If you are trying to establish an expert appraisal witness, the integrity of the expert appraisal witness and his ability to be credible brings the court to approve the witness as an expert appraisal witness under the outlined provisions. Professionalism of the expert appraisal witness includes preparedness, experience, diligence, honesty and a portfolio beyond reproach. Durkin Valuation Associates combine 70 years of experience within the past 30 years of practice that have a record of irrefutable testimony. Call for you valuation and expert appraisal needs. Phone
(617) 720-0332
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