Ready to become a land surveying expert witness? This seminar/workshop is designed to familiarize the practicing surveyor with the unique requirements placed on being used as an expert in litigation. Not all surveyors should qualify as experts. The instruction will discuss what differentiates experts from the “garden variety” surveyor and will offer suggestions on how to be.

1. Copyright Nettleman Land Surveying, INC (2016)

2. WELCOME TO A (STRANGE) NEW WORLD
• Judgment as a matter of
Law
• Laches
• Daubert ruling
• Injunctive relief

3. THE EXPERT’S ROLE IN EACH PHASE
• Pre-Trial: Research, Research, Research
• Trial: Communicate, Explain, Tell the Story
• Post-Trial: Document, Document, Document

4. FIVE TRICKS OF THE TRADE
• Be Prepared
• Document, Document, Document
• Tell The Whole Story
• Be Yourself
• Communicate

5. U.S. COURTS OF APPEALS
• Party who loses in district court has an
AUTOMATIC right to an appeal
• 13 U.S. Courts of Appeals
– 12 are geographic
– One is a specialty court (Federal Circuit)
• United States Court of Appeals for the
Eleventh Circuit (“Eleventh Circuit”)

6. STATE COURTS
• Each state has its own, independent judicial
system.
• Cannot be bound by the federal courts.
• One state system cannot bind another court
system.
• Structurally, each is a bit different.
– But, most have three levels.

7. DISCOVERY
• Discovery is the stage of the case where all the
parties gather facts, law and other info to
support their claims or defenses
• Methods include depositions, interrogatories,
request for production, requests for
admission, physical examinations and more

8. WHO CAN BE A WITNESS?
“Every person is competent to be a witness unless these
rules provide otherwise. But in a civil case, state law
governs the witness’s competency regarding a claim or
defense for which state law supplies the rule of decision.”
FRE 601.

9. UNDERLYING FACTS AND DATA
Unless the court orders otherwise, an expert may state an
opinion — and give the reasons for it — without first testifying to
the underlying facts or data. But the expert may be required to
disclose those facts or data on cross-examination.

10. SPECIALIZATION
• Licenses: SIT, RPLS,
Cfeds
• Certificates: GISp,
University, CEUs
• Work-experience focus:
“I’m an expert because I
do this work every day”

11. THE EXPERT WITNESS

12. DAUBERT vs FRYE
DAUBERT
• Testimony based on:
“general acceptance”
• Tests: (1) general
acceptance of (2) theory or
technique
FRYE
• Testimony based on:
“scientific method”
• Tests: (1) theory or
technique is (2) scientifically
valid

13. DO NOT ASSERT VAST KNOWLEDGE
• This will only trap you.
• Avoid answering every
question with absolute
certainty.
• If you are not too
positive, you will have
room to add a detail
that you may have
overlooked earlier.

14. FEES
• Have a definite fee
arrangement, never a
contingency.
• Answer questions about
your fee
straightforwardly.
• You are a professional
entitled to a
professional fee.