# Got a subpoena today to be an "expert witness"..



## rrk (Apr 22, 2012)

Tscarborough said:


> Pretty much all of your answers should be yes, no, or I don't know.


That is incorrect, hardly any of the questions will be yes or no. 
You are asked " what did you see?" , " what determined what you saw was done incorrectly?" " any building codes or written instructions or recommendations that you can specify that were not followed?" 

The reply "that's the way its always done" does not cut it

You need to be able to say where you got that information from,
that made you determine it was done incorrectly.

Listen to the carefully to the stenographers instructions at the beginning, they will guide you in the way to talk and answer.

You will be nervous at first but it is very easy especially if you are confident and comfortable with your training and background.
You will have no problem.


----------



## jamestrd (Oct 26, 2008)

Barry


A couple things. 

1 what makes you a flooring expert.? 
As mentioned certiied insector would b better.. 


Im not an attorney butcan blow your observations ad red flags out of th water. 

1 did not roll floor.. Rolling is necessary in tack lay install.. No a wet lay so glue type is important nto know. 

2 was it an engineered floor? You do not "acclimate" an engineered floor but work directly from unope package as per manufacture recommendations. 

3 didnt do moisture check? How do you know? And mayb the environment changed?.... They can easily document state condition n was fine at time of install. 

Aplying weight during install is typicalfield practice. 

For her to hire or subpeona you suggests you chimed in where you probaly should not have and gav her impression that you qualified when in fact you are not..


----------



## jamestrd (Oct 26, 2008)

To add.. You dont need to be am expert to know that no glue -no hold.. :no:_ no good


----------



## rrk (Apr 22, 2012)

All he will be stating is what he saw no more no less, it is up to someone else to determine if he is right or wrong


----------



## jamestrd (Oct 26, 2008)

Then that is a witness.. Not expert as thread topic states


----------



## skyhook (Mar 17, 2007)

I've been there. the contractor always gets screwed. 
Do you know all the facts? 
Did they give her what she wanted, against the best advise of the salesman?
Why did she go with travertine later, instead of first? 
Was it the original salesman who recommended travertine, but she insisted on wood?
Did the customer give the contractor an opportunity to repair it before she had it ripped up? 
Are there pictures of the job, before, after, underlayment? If so, who took the pictures?
Is her SiL the attorney of record, doing this to pay her back for putting him through law school? 

I would show up, under subpeoena, only to avoid the warrant. Then I would play the contractors advocate card.


----------



## rrk (Apr 22, 2012)

All he can say is that he found or did not find glue or a vapor barrier under the floor and that they did or did not follow manufacturers instructions. They will ask if he is sure previous contractor did or did not do ......... If he was not present he will say he is not sure, as an EXPERT he can say there was or was not glue and there was or was not a vapor barrier. He can or homeowner can furnish manufacturers instructions so to see what they were, and he ( glue, vapor barrier ) or the homeowner ( acclimation time ), can testify if they were followed.

All this is for gathering information, it is not a big deal.

James- a witness would be the mailman an expert witness is someone who knows what they are looking at and what to look for.


----------



## NHCremodeling (Mar 20, 2010)

How NOT to answer a question on the stand:

Lawyer: "Do you know what time it is?"
Witness: "Yes, it is 12:30"

How to CORRECTLY answer a question on the stand:

Lawyer: "Do you know what time it is?"
Witness: "Yes"

Give the lawyer nothing to work with. He will be looking for you to volunteer information. One word answers are always the best. Make him pull the answers out of you, I mean really work for it. Even if you know exactly what he is expecting you to say, don't say it. Make him earn his money. It will annoy the hell out of him and throw him off his game.


----------



## cabinetsnj (Jun 10, 2012)

griz said:


> What ever you say while on the stand be able to back it up with source material.
> 
> If something is your opinion be certain to preface the statement with why & how you are qualified to form such an opinion.
> 
> ...


The most important thing is to be honest. Furthermore back up what you say with facts. Use statistics to show that you know what you are talking about.


----------



## barry1219 (Oct 8, 2011)

jamestrd said:


> Then that is a witness.. Not expert as thread topic states


Are you familair with the threshold of what constitutes an "expert witenss"?...it clearly states that the person have more knowledge of a given subject than the average person on the street. That is it.

Ridiculous...I know and I am not there in any capacity to discuss how to install or the acceptable techniques that can be used...I am there to state the timeline of activity..nothing more...I want to be sworn in..answer whatever relevant questions I can and leave...


As far as being paid or compensated...if you knew all the details of how this company operated and the way they are handling an installation failure to the point of letting it go to the courts I would think that some of you guys have principles and money is not always what makes you get out of bed everyday. I know it is important to make money but at the end of the day I strive to do what is right, and I figure in the large scheme of things it will come back to me somewhere else..it has to...it always does..


----------



## barry1219 (Oct 8, 2011)

Also to add I have done several jobs for this particular woman and she is a very reasonable person to deal with...understands the process of how things get done..never a problem paying a fair amount..never haggles..is onsite most of the time and always polite with drinks. I have worked for lots of people and some of them I wish this happened to...not her..she is way too nice. Trust me.


----------



## Satman40 (Mar 14, 2011)

Glad to hear you testify, that you have done several jobs for her, one question..why did she not let you do this one...

Are you there as a friend, concerned citizen,

Truth is she did not trust you to do the job so she hired someone else...

No more questions from this bias witness..

View from the other side...you trying to make a buck on this slick...

Again would not want to touch this, you are getting used...


----------



## rrk (Apr 22, 2012)

I asked about being subpoenaed when I testified and was told they could have me arrested or summoned again to appear with my attorney. It all depends on how bad they want your testimony. Both are rare occurrences, they said usually people show up after the second letter is delivered by an officer of the court in person.
I went when asked, it was actually scheduled around my schedule.


----------



## barry1219 (Oct 8, 2011)

Satman40 said:


> Glad to hear you testify, that you have done several jobs for her, one question..why did she not let you do this one...
> 
> Are you there as a friend, concerned citizen,
> 
> ...


Wow..and Wow again...Maybe I didn't explain it clearly..I was working for her ( this was the beginning of my projects with her) when she already had this job booked and paid for 50%..I was in and around the property during the prep and installation of the flooring that failed..that is it..

Nothing about me missing out on the job applies here. Is everyone so jaded or burned out that we all click right over to the negative aspect of customers or losing jobs or bids that never take off?

I literally have no skin in this game...and I feel that even charging anything to appear is ( to me, my opinion) wrong. call me stupid for working for free...but it is my business and time and if I want to waste some time that is my problem.


----------



## Big Shoe (Jun 16, 2008)

Good luck Barry.


----------



## Solar Control (Jan 27, 2009)

I hope this goes well for you Barry. You may want to discuss with your attorney whether you should leave what has been posted here (CT) or remove it (temporarily, if you wish). The system is adversarial at best and anything the other side can discover and legally use to reduce the effectiveness of your testimony, whether at deposition or trial, they will use.

If you are indeed being hired as an "expert" you may also want to ask whether they have requested a Frye hearing in regards to you. Most states use Daubert's standards but I think in Florida it is Frye. I suspect that given the dollars involved here they won't bother with one.

Preparation is the key. If you did not prepare your own exhibits then I recommend you go over the ones that have been prepared for you.

I think it sounds like you are doing your client a favor; I hope they appreciate it and that the experience is a positive one for you.


----------



## chris klee (Feb 5, 2008)

NHCremodeling said:


> How NOT to answer a question on the stand:
> 
> Lawyer: "Do you know what time it is?"
> Witness: "Yes, it is 12:30"
> ...



exactly! Give noting to the other side lawyer. Be warned, when doing this you will get a question like, "can you describe what you saw?"
answering "yes" only will have the judge asking you to explain what you saw. there is a line you can take it to before you become a hostile witness and treated as such.


----------



## cabinetsnj (Jun 10, 2012)

rrk said:


> That is incorrect, hardly any of the questions will be yes or no.
> You are asked " what did you see?" , " what determined what you saw was done incorrectly?" " any building codes or written instructions or recommendations that you can specify that were not followed?"
> 
> The reply "that's the way its always done" does not cut it
> ...



rrk is correct. At first you will be nervous, but remember you are an expert in your field and are offering your professional expertise.


----------



## CarrPainting (Jun 29, 2010)

Most everyone is giving extremely sound advice except for one small, but EXTREMELY important detail.....

Take notes. And do not be afraid to look at said notes while on the stand. Just be sure to ask if it's ok to bring your notes with you

Also, ask this attorney, or better yet, contact the DA and ask if YOU should have some sort of legal representation in court. Here's why, even though your a witness, and technically witnesses can't very easily get dragged in, her attorney is representing her. The defendant has his own attorney, the state has its attorney known as the 'judge' where's your attorney? Everyone has one but you!


----------



## AirKingFS (Nov 20, 2012)

Here's one voice rooting for you on this, Barry. It sounds like you're using your time to fight the good fight on behalf of both a valued client and the industry you work in.


----------

