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...