Articles Posted in Researching Experts

In THE REAL ESTATE CLIENT: VALUATION SERVES IMPORTANT MASTERS IN LITIGATION CASES, forensic accounting expert witness Richard M. Squar writes on fair market value:

Having determined the aggregate net asset value of the limited partnership interest, various factors need to be considered in arriving at fair market value of the interest. These factors include the cash flow characteristics inside the partnership, the anticipation of future cash flow and ability to make distributions to partners, the economic circumstances regarding the assets and mortgages on the properties, the terms of the partnership agreement, and consideration of any special items that may effect the potential for profit or risk of loss.

There are two discounts applied to the aggregate net asset value in a business valuation in an attempt to quantify the above considerations: The minority interest discount (or discount for lack of control) and the marketability discount. Both lack of control and lack of marketability are inherent in limited partnership interests.

In The Value of a Construction Expert Witness, William Gulya, Jr., construction expert witness and President & CEO, Middlesex Trenching Company, writes:

The evidence and documentation involved in construction cases are numerous and varied, including building contracts, correspondence, emails, liens, claims, and a wide variety of notices. The expert witness should be able to analyze fact evidence, prepare a clear and concise expert report and other documentation, and handle himself in depositions and in court. Some cases require presentations using charts, models, photographs, and other such materials, which a competent expert should be able to prepare. In addition, an experienced expert witness who has handled similar cases in the past should have an in-depth knowledge of the legal regulations to which he or she must adhere.

It is the responsibility of the expert witness to advise the attorney based on the facts and circumstances of the case and provide a written report, which includes opinions and conclusions supported by the facts, evidence, OSHA regulations, best practices and industry standards. Experienced expert witnesses have an understanding of what could prove to be problematic or positive in the long run and advise their attorney client accordingly.

Subpoenas expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use. Here the association addresses The Role of Notary Public in a Process Service Office:

A Notary Public, whether employed in a process serving business, or not, must adhere to the state laws regarding Notary Publics within the jurisdiction where he or she has been commissioned. These duties and obligations transcend other duties that may be assigned by an employer.

Content A proof or affidavit of service must accurately state the date, time, place, and manner of service, and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served. When required, a proof or affidavit of service should also reflect the description or relationship of that person to the person or entity served, and the military status of the person served.

A judicial summons expert witness may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use.

These guidelines address three important aspects of proofs or affidavits of service: content, signature(s) and record keeping. They are designed to ensure that the proofs or affidavits of service be completed and signed by the person making service. The traditional and fundamental components of proving service must be maintained. The process server must attest to the facts under penalty of perjury, or by sworn affidavit, and personally sign, or, where permitted by law, cause his or her signature to be affixed electronically to, the proof or affidavit of service.

It is not proper for a proof of service to be signed before completion, or signed in blank to be completed later. It is not permissible to sign the process server’s name to a proof of service on his or her behalf.

Jurat expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use. Here the association explains the jurat:

Jurat A jurat is a certificate by the person before whom a writing was sworn and is designed to compel truthfulness on the part of the signer. The jurat is completed during the execution of an affidavit and is generally written at the foot of an affidavit stating when, where, and before whom such affidavit was sworn. Before executing a jurat, a Notary Public must be satisfied as to the identity of the signor, and the voluntary nature of that person’s signature. The signing of the affidavit, and the execution of the jurat, is required by all states to be done at the same time in the physical presence of each other.

The jurat initiates a legal process that could eventually result in criminal conviction and punishment if the signor is later found to have lied.

Affidavits of service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use.

PROOFS AND AFFIDAVITS OF SERVICE

Process Server’s Work Product The work product of a professional process server is the proof or affidavit of service submitted by that person attesting to the fact that a particular person or entity was given legal process in a manner prescribed by law. The proof or affidavit of service is what the courts rely upon to determine whether jurisdiction has been acquired over a particular person, entity, or property. The proof or affidavit of service must be beyond reproach.

Interstate motor carrier operations expert witnesses may testify on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Safety Advocates See ‘Green’ Benefits in Lowering Speeds:

Why wait until 2014 for national truck fuel economy standards when we can take strides today to improve fuel economy and reduce emissions? Steve Owings, President and co-founder of Road Safe America said in a June 28 editorial published in The Hill.

“Fuel savings can be achieved and pollution reduced immediately if you order speed governors already installed on big trucks to be set at 65 mph,” Owings said.”Excessive speed is the largest single factor in reduced fuel mileage.”

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use.

SERVICE OF PROCESS

1. For purposes of these Best Practices, “Primary service” of process refers to the service of initial or other process intended to acquire jurisdiction over a person or property. “Secondary service” of process refers to the service of subsequent papers exchanged between the parties following service of initial process. These Best Practices refer to both Primary and Secondary service of process.

Federal motor carrier safety regulations expert witnesses may opine on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Texting While Driving is Scientifically Dangerous

Driver behavior is the most common cause of all vehicle crashes. ATA’s safety agenda includes 11 policies focused on improving driver performance. In addition to policies that restrict the use of non-integrated technologies while the vehicle is in motion, ATA recommends:

· Uniform commercial drivers license testing standards;

Trucking expert witnesses may opine on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Texting While Driving is Scientifically Dangerous

All driving distractions carry some risk, but text messaging while driving is the most dangerous because it involves all three basic types of distraction – visual, manual and cognitive, Robert Petrancosta, Vice President for Safety of Con-way Freight said in a June 30 USA Today editorial.

“As the National Safety Council has argued, the human brain cannot multitask,” Petrancosta said. “Sure the human brain can juggle tasks very rapidly, but it can only perform one task at a time. A person who is texting while driving is overloading his brain, requiring divided attention.”