Section 21.15 Problems in Presentation
Library | Family Law Deskbook and 2014 Supp |
7. (§21.15) Problems in Presentation
The key consideration for counsel to remember when preparing a property owner or expert to testify as to value is that the witness must provide the facts on which an opinion is based. In Ward v. Deck, 419 S.W.2d 286 (Mo. App. S.D. 1967), lessees sought damages from their lessors for the lessors’ failure to permit the lessees to take possession of the leasehold. The court of appeals noted that the owner of real property is normally qualified to render an opinion as to the value of that property. Id. at 291. The owner’s testimony must be rejected, however, if it is shown that the owner is not particularly familiar with the property or its uses. Id. The plaintiff in Ward, the lessee, had no experience in using the premises as a package liquor store (his intended use) and had not been in a comparable business before. Id.
Proper notice in disclosing the identity of an expert is encouraged...
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- Section 21.1 Introduction
- Section 21.2 The Need for an Expert
- Section 21.3 Using an Expert
- Section 21.4 When Using an Expert’s Testimony Makes No Difference
- Section 21.5 Other Problems in Presentation
- Section 21.6 In General
- Section 21.7 When the Client Needs Expert Testimony But Cannot Afford It
- Section 21.8 Maintenance Issues
- Section 21.9 In General
- Section 21.10 Real Estate
- Section 21.11 Value of Stock or Business
- Section 21.12 Value of Services, Including Goodwill in Professional Practices
- Section 21.13 Personal Property
- Section 21.14 Value of Pensions
- Section 21.15 Problems in Presentation
- Section 21.16 Determining Paternity
- Section 21.17 Identifying Handwriting
- Section 21.18 How to Find an Expert
- Section 21.19 Dealing With the Opposing Expert Witness
- Section 21.20 Conclusion
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