Expert Witness Legal Dictonary Definition
Expert Witness: expert witness in the law of evidence, a witness who is allowed to give opinion evidence as opposed to evidence of his perception. This is the case only if the witness is indeed skilled in some appropriate discipline. An exception to the usual rule of practice whereby witnesses are heard one after the other and do not hear the evidence of the preceding witness is made in relation to competing experts. The term skilled witness is favored in Scotland. (Legal dictionary definition Collins Dictionary of Law © W.J. Stewart, 2006 )
Furnishing your evidence, a sound opinion of value can be reached using appropriate reference material in an organized manner by anyone who has gone though the effort of gathering the facts. There is absolutely no magic involved. All That is needed is evidence results in an honest conclusion. Only facts count and a logical presentation to confirm value.
35-5-2519 VBV Realty, LLC v. Scotch Plains Twp., Tax Ct.(Novin, J.T.C.) (22 pp.) The court concluded that when an expert witness has failed to verify the integrity and accuracy of the market data that forms the basis of the expert's opinions, the opinions and conclusions are entitled to little weight. Our Legislature has mandated that any person offered as a witness in a local property tax appeal proceeding before the Tax Court shall be competent to testify about comparable sales from information or knowledge obtained from the owner, seller, purchaser, lessee or occupant, or the broker or brokers, or attorney or attorneys who negotiated or who are familiar with such transactions. Although public websites and real estate marketing and listing service websites can be a valuable tool in the appraisal community for identifying prospective comparable properties, it is the process by which an appraiser verifies the accuracy of that data and information that is one of the hallmarks of a sound opinion of value. Thus, data and information which has not been verified, confirmed, or corroborated with individuals possessing first-hand knowledge of or familiarity with a market transaction is of little value to the court. In addition, adjustments made to comparable sale or lease transactions must have a foundation derived from the marketplace or analysis of objective data, and not based solely upon subjective observations and personal experience. [Filed Feb. 10, 2017] (Approved for Publication) per https://www.facebook.com/NJPropTax/
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