Appraisal Institute 48 th Annual Litigation Seminar Trends Impacting Real Estate Litigation Experts Over The Next Decade November 13, 2015 2 3 4 5 66 Discovery Video Conferencing Depositions Video Depositions 88 E-Discovery 99 FRCP 26(b)(4): Recent amendments protect: Draft reports Any communications between expert and attorney unless they relate to (1) compensation for expert (2) identify facts or data provided by attorney and considered by the expert in forming opinions to be expressed (3) Identify assumptions that the attorney provided and the expert relied on California law is different. 10 Data Protection / Cybersecurity 11 Expert Testimony at Trial Attention span (noun): The length of time for which a person is able to concentrate mentally on a particular activity. 12 Expert Testimony at Trial 13 Expert Testimony at Trial 14 Expert Testimony at Trial Typical mobile phone users check their devices more than 150 times per day 15 Expert Testimony at Trial The average attention span of a juror? 16 Expert Testimony at Trial The use of demonstratives is crucial especially for appraisal testimony Information retention rate** Comparing retention of information presented to focus groups by three different formats: Orally only; Visually only; and Both visually and orally **H. Weiss and J.B. McGrath, Technically Speaking: Oral Communication for Engineers, Scientists and Technical Personnel (1963) Oral means retained: 10% Visual means only retained: 20% Both orally and visually retained: 65% Information retention rate over a span of 72 hours? 19 Other Trends Over Next Decade Aging of real estate appraisal experts in So Cal 20 Other Possible Trends Over Next Decade Continued law firm consolidation Another cycle? LA 2024? 21 Eminent Domain Trends Concerning Appraisers Kelo / Eminent Domain Reforms Questions or Other Predictions? CaliforniaEminentDomainReport.com David Graeler (213)