- Check expert's track record
- Visit the business
- Expert immunity
Prior inconsistent statements
In your deposition of the opposing expert witness,
it is always helpful to find out when and where
they have previously testified, submitted a report,
or published an article concerning their valuation
methodology. Often, appraisers who are simply
trying to create an excessively high or low value
will contradict their established historical methodology.
Lack of site inspection or interviews
It is critical that the expert valuing the company
visit the premises and interview appropriate management
personnel. Failure to do so will provide a fertile
ground for cross-examination and impeachment.
In Sharp v. Miller,121 N.C. App. 616, 468 S.E.2d
799 (1996), the Court held that expert witnesses
are absolutely immune from suit for their actions
in preparing a report to guide expert testimony
in the course of a judicial proceeding, and this
immunity from civil suit extends so far as to
protect one who allegedly commits perjury.