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Hypothetical Expert Witness vs. Subpoenaed Witness
So hypothetically of course, say that I had a client for whom I surveyed and platted a project over 6 years ago. Say that he decided this year to sue his neighbor for a septic field that crosses their common property line. Say that this client chooses not to sign my contract/proposal nor pay my requested $1,250 retainer (advance deposit) fee. Instead assume that he chooses to allow his attorney to surprise me with a subpoena and a $5.38 check witness and mileage fee required per state statue.
Say that these might be a list of questions that might be asked of me on the court date. Might these be my answers IF I were hired as an EXPERT WITNESS versus my answers if ÛÏmerely served with a subpoenaÛ?
What is your education background?
FCHS 1988 PU BSLSE 1996 PU BSCE 1996
ÛÏI went to high schoolÛ
Are you a Licensed Surveyor in Indiana?
YES 1996
ÛÏyesÛ
Estimate as to how many plats/surveys have you completed?
1,558+
ÛÏmore than oneÛ (besides, does quantity somehow imply quality?)
Did you prepare this XYZ Subdivision Plat recorded June XX, 2010?
YES
ÛÏyesÛ
Does the plat show the ABC property line and boundary of Lot 1 of Adjoining Subdivision?
YES
ÛÏyesÛ
What is shown within the 25Ûª D&UE that runs from the main road (fence)?
FENCE
ÛÏI am not sure, it might be a fence, but it has been over 6 years since I have been to that site or reviewed the fileÛ
Do you remember what the fence look like?
YES, WHITE PLASTIC
ÛÏI am not sure, it might have been white plastic, but it has been over 6 years since I have been to that site or reviewed the fileÛ
According to the survey/plat, is the fence located on your clientÛªs property?
YES
ÛÏI am not sure, it looks like it was, but it has been over 6 years since I have been to that site or reviewed the fileÛ
How far is the fence from your clientÛªs eastern property line?
~ 8 FEET
ÛÏI am not sure, it might have been about 8 feet once, but it has been over 6 years since I have been to that site or reviewed the fileÛ
Did you notice any septic tank or septic system next to Lot 1 of the adjoining plat when you prepared the XYZ Subdivision Plat?
NO
ÛÏnoÛ
What is drawn on Lot 1?
EDGE OF A BUILDING
ÛÏI am not sure, it looks like the edge of a building, but it has been over 6 years since I have been to that site or reviewed the fileÛ
What do you know about the septic tank location?
NOTHING
ÛÏnothingÛ
Did you have any conversations with your client about the location of any septic tank? If so, when and please explain?
YES, ONLY ABOUT ONE MONTH AGO WHEN HE FIRST CALLED ME ABOUT THIS.
ÛÏyes, only about one month ago when he first called me about this.
Have the neighbors or anyone else contact you about the septic tank issue?
NO
ÛÏnoÛ
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Fellow beer-leggers. Thank you for listening to this little rant. I do not think that I have the intestinal fortitude to be this snotty in court, especially this being my first time. It is just not in my nature to behave that way. I just wanted to think out loud with you folks about this hypothetical situation and see what your thoughts might be.
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