December 10, 2012 Articles

Particular Evidence Problems with Appraisals, Part III: Expert Witnesses

While bankruptcy litigants need to call experts to testify about scientific issues, more frequently they call nonscientific experts.

By Hon. Pam Pepper

In Part I and Part II of this series, we’ve discussed particular evidentiary issues that arise in the context of appraisals. We discussed the fact that you need the appraiser to surmount a hearsay objection to the admission of an appraisal report because the appraiser is the custodian through whom you can establish the Rule 803(6) “records of regularly conducted activity” requirements. But it is also likely that you will need to qualify that appraiser as an expert, to be able to have the appraiser discuss the bases for his or her conclusions about valuation.

Premium Content For:
  • Litigation Section
Join - Now