Most family law attorneys meet their appraiser twice. Once on the phone, and again at the deposition. But the deposition is the wrong place to learn who you hired. Choosing expert witness appraisers takes a real interview, not a quote request, because the person who signs the report is the person opposing counsel will cross-examine. Here are the questions worth asking first, and what a good answer sounds like.
- The twelve questions to ask before you retain an appraiser for a contested case.
- How to verify a license, a designation, and disciplinary history yourself.
- Which answers should end the interview on the spot.
Choosing Expert Witness Appraisers Before the Disclosure Clock Runs
Timing shapes every other choice. Under Illinois Supreme Court Rule 218, the court sets witness disclosure dates at case management. Those dates must let discovery close at least 60 days before the expected trial date, unless the parties agree otherwise. The committee comment also goes further. It says opinion witnesses should be disclosed early enough to be deposed before that 60-day line. Local rules and the case management order control the details, so check both.
An appraiser retained a month before disclosure has a month to inspect, research, write, and answer your questions. In practice, that rarely goes well. We covered what makes the report itself hold up in our article on what makes an appraisal defensible on the witness stand. This one is about the person behind the report instead.
Credentials and Competency: Questions 1 to 4
- What credential do you hold, and in which states? The federal system recognizes three levels: State Licensed, Certified Residential, and Certified General. Trainees, however, don’t appear on the federal registry and can’t independently appraise for federally related work.
- Can I confirm that myself? Yes, and you should. The Appraisal Subcommittee’s National Registry is searchable by name and state. It also shows active discipline that limits an appraiser’s work, such as a revocation or suspension. For resolved or older matters, call the state licensing agency.
- Do you hold a professional designation? The Appraisal Institute awards the MAI for all property types and the SRA for residential work. Its online directory also lets you confirm a designation by name. A designation isn’t a license, and a license isn’t a designation, so check both.
- How many properties like this one have you appraised in this market? A Kenilworth estate, a Pilsen three-flat, and a strip center held in an LLC are three different assignments. So ask for a rough count over the last three years and the price range. A vague answer here matters more than a thin resume.
Testimony and Independence: Questions 5 to 9
- How many times have you testified, and where? Separate depositions from trials, and ask which courts and case types. Then request case names, subject to confidentiality, so you can pull transcripts if you want them.
- Has any court excluded or limited your testimony? A yes isn’t automatically disqualifying. But a yes the appraiser didn’t volunteer usually is.
- Have you worked on this property, or for either spouse, before? A refinance appraisal from two years ago, or a friendship with the other side, becomes a cross-examination theme. You want to hear about it now, not at the deposition.
- Who hires you in family cases? An appraiser retained only by one side of the bar hands opposing counsel an easy story about bias. Work for petitioners, respondents, and joint engagements reads as independence instead.
- How is your fee set? Expect a fixed report fee plus hourly rates for preparation, deposition, and trial. USPAP’s Ethics Rule bars compensation that depends on the value reached or on a result that favors the client. So any hint of a fee tied to the number ends the conversation.
The Report and the File: Questions 10 to 12
- Who inspects the property, and who signs the report? If an associate does the fieldwork, the signer still has to describe the house under oath. Find out how that handoff works before a deposition exposes it.
- What report format will you use, and can you value a past date? A lender form limits explanation by design. A narrative report written for litigation, by contrast, walks a judge from the data to the value. So it holds up better when the value is contested. If the court may use a date other than trial, confirm retrospective experience. Our article on the date of value in a divorce appraisal explains why that matters.
- Will you produce your workfile on request, and how fast? Opposing counsel will ask for it, often in the first deposition notice. An appraiser who hesitates now will hesitate under subpoena too.
Answers That Should End the Interview
Some answers are dealbreakers on their own. Watch for these, even when the rest of the interview goes well.
- A value quoted, or hinted at, before anyone has inspected the property.
- Any fee that depends on the number or on how the case turns out.
- A license you can’t find on the National Registry, or an active suspension on it.
- No testimony history, and no interest in preparing for cross.
- Reluctance to share the workfile or to explain an adjustment in plain English.
That last one deserves a live test, because judges need the plain-English version. Ask the appraiser to walk you through one adjustment from a past report, redacted, as if you were the judge. If you’re lost after two minutes, the judge will be too.
For the CPA Coordinating the Valuation
Forensic accountants often build the appraiser shortlist, or inherit one counsel already picked. Either way, four questions belong in your own interview. First, can the appraiser value the property as of the same date as your business valuation or balance sheet? Second, will the report state its definition of value, so you can reconcile it with the standard you’re using? Third, if the real estate sits inside an entity, will the appraiser value the real property and leave interest-level adjustments to you? Finally, will you get the adjustment grid and comparables in a form you can cite in your schedules?
Then put those answers in the engagement letter. That way the two reports meet at the same date and the same definition, instead of colliding at trial.
Interview the Appraiser the Way Opposing Counsel Will
Opposing counsel will ask most of these questions eventually. Asking them first, before the report is ordered, costs you an hour. Skipping them, though, can cost you the valuation. So verify the credential yourself, test the testimony record, and pin down the fee and the date in writing. Then hire the person you’d be comfortable putting on the stand.
Vetting an Appraiser Before Disclosure?
Put PahRoo through the same twelve questions. Michael Hobbs, MAI, SRA, signs our litigation reports and testifies to them, and we’ll answer every question before you retain us.
Frequently Asked Questions
What should you ask an expert witness appraiser?
Start with credentials: license level and states, any Appraisal Institute designation, and experience with the property type. Then ask about testimony history, any exclusion, prior work for either party, how the fee is set, who inspects and signs, and whether the workfile will be produced on request.
What is an MAI or SRA designation?
Both are awarded by the Appraisal Institute. The MAI covers all property types, including commercial and residential. The SRA covers residential property. Each requires education and experience beyond a state license, and holders agree to the Institute’s ethics and standards.
When should you hire an appraisal expert?
As soon as value is contested. In Illinois, Rule 218 has the court set witness disclosure dates so discovery ends at least 60 days before trial, unless the parties agree otherwise. The appraiser needs time to inspect, research, write, and be deposed inside that window.
How much does an expert witness appraiser cost?
It depends on the property, the report type, and how much testimony the case needs. Most engagements pair a report fee with hourly rates for preparation, deposition, and trial. Get both in writing, and confirm nothing depends on the value reached.
How do I check an appraiser’s license?
Search the Appraisal Subcommittee’s National Registry by name and state. It lists the credential level and any active discipline limiting the appraiser’s work. For past or resolved matters, contact the state licensing agency.
Expert Witness Appraisal for Family Law Counsel
If you’re building a shortlist, start with our residential appraisal services page, which covers divorce work across Chicago and Cook County, Dallas-Fort Worth, Philadelphia, Phoenix, and Naples. Michael Hobbs, MAI, SRA, signs PahRoo’s litigation reports and is available for deposition and trial. For a contested estate home, see our guide to appraising luxury homes in high-asset divorce, or contact us with the case caption and the disclosure deadline.