Editor’s Comment: The rules concerning qualifying an “expert” to testify have been liberalized to the extent that nearly anyone claiming superior knowledge can be qualified. But Judges are impressed with credentials AND a powerful performance on paper, in live testimony, with the ability to defend against cross examination. Lane Houk here is the expert and has done a really good job for what he was aiming for. But I would caution people who want to present themselves as experts and those who would use such people and pay them a lot of money: the goal is to have the Judge believe the expert. The expert’s conclusions must resonate with the Judge. The acceptance of the testimony is based upon rapport established in court, credibility apart from credentials, and a good application of facts to justify the opinion. I think Houk did that pretty well here. This isn’t a poke at him. But I know from personal experience having been an expert witness since the 1970’s that there are about a hundred ways to discredit an expert even if they are right. So make sure you use someone who has experience on the witness stand.
MUST READ! *cross-posting*
Deposition of Expert Witness in a Securitized Trust/Trustee Foreclosure Case: Deutsche Bank v. Dennis
http://thepatriotswar.com/?p=15768
DEPOSITION:
EXPERT AFFIDAVIT & EXHIBITS:
http://thepatriotswar.com/wp-content/uploads/Executed-Affidavit-and-Exhibits.pdf
AFFIDAVIT OF EXPERT OPINION:
http://thepatriotswar.com/wp-content/uploads/Affidavit-of-Expert-Opinion-Live-Sample.pdf
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