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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37854
Experience:  Retired (mostly)
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Can a person testify in a civil case as an expert witness if

Customer Question

Can a person testify in a civil case as an expert witness if he is disclosed as such without a power of attorney? My boyfriend thinks the court will not let him talk about all aspects of case without a power-of-attorney. Just because he has more legal procedure knowledge than I do, that he should talk for me or we will lose. This is a civil case which I filed in small claims court against an electric company who proceeded to bump up to civil without our knowledge until we appeared for pre-trial. I am of sound mind and it is my property. I am sure that the court has to let him explain the blueprint, construction and other issues that he is better suited to explain than I am, for as long as he needs. He is my only witness. Thank you very much for your time. I am on a fixed income and cannot afford an attorney. Sandy Etler email ***@******.*** (###) ###-####
Submitted: 6 months ago.
Category: Legal
Expert:  socrateaser replied 6 months ago.
Hello, A power of attorney does not authorize a person to represent another person in court. Only a member of the Arizona Bar can represent someone else in court -- no exceptions (except in small claims court). An expert witness is a person who is qualified by education, training and experience to provide opinion testimony. Ordinary witness cannot state an opinion -- they can only testify to facts that they have perceived (observed or heard). If your boyfriend can show sufficient expertise as a building contractor, architect or surveyor, then he may be able to testify about the blueprint. Otherwise, he will not be permitted to testify, except to the facts that he knows from his perception. Bot***** *****ne, a power of attorney has no use in the circumstances you describe. If your boyfriend knows that the trees weren't within the easement, because he is a surveyor, and he surveyed the easement, then he is an expert and can testify to his opinion about the location of the trees.
Expert:  socrateaser replied 6 months ago.
Sorry, but my answer was cut off. The remainder follows:Otherwise, you will need to hire an expert witness to testify to where the easement is located, so that you can testify to where the trees were located with respect to the easement. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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