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Joined: Nov 2005
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Sidelock
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When I pursue this in court I would prefer to have at least two experts statements saying that the barrels just are not what they were sold to be.
Unlikely to get a judge that also a knowledgeable doublegun aficionado. I don't need the expert to convince me.

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Pls keep in mind that the purpose of an expert witness is to assist the finder of fact (jury, or judge in a trial without a jury) by providing information on a specialized area of knowledge. The Rule of Evidence (one version of it, anyway) on experts reads like this:
Quote:
If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise.

In this instance, the Man Who Wrote The Book on Ithacas would be almost certain to be qualified as an expert. There are probably others, too.


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Beware trying to present a written opinion in place of a live witness for your expert testimony...Geo

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small claims court....both sides just tell their stories and show pertinent evidence and the judge decides....no fuss, no muss, no lawyers.....


gunut
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Originally Posted By: gunut
small claims court....both sides just tell their stories and show pertinent evidence and the judge decides....no fuss, no muss, no lawyers.....


Depends on the Judge and whether the other party shows up with a mouthpiece which he has every right to do. This ain't "Judge Judy" on the TV...Geo

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Keep in mind also that once you sue somebody in another State you become subject to the jurisdiction of the Court there, and subject to a counterclaim...Geo

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Still wanta play?...Geo

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Originally Posted By: Geo. Newbern
Beware trying to present a written opinion in place of a live witness for your expert testimony...Geo

Concur wholeheartedly. I mentioned that way, way upthread, as well as the expensive nature of shipping experts around.


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Geo, I'm kinda curious as to what conceivable counter-claim the seller in a case like this could file? And if it is actually necessary to have an expert witness present in lieu of a sworn notarized affidavit, are the costs of getting him to court recoverable as part of the damages?

About 20 years ago, I got screwed out of $40 on book order. When I didn't receive my order, I called and complained. I was told the company was in bankruptcy. Long story short, I told the guy that my brother lived in Houston and when I took my vacation there, I would be paying him a visit to get my 40 bucks one way or another. Let's just say my tone and language was less that civil. A week later, there was a refund in my mailbox. Sometimes extreme measures are helpful. I don't even have a brother.


A true sign of mental illness is any gun owner who would vote for an Anti-Gunner like Joe Biden.

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keith, who knows what some shyster local mouthpiece, who likely plays golf with the Small Claims Court Judge, might come up with? Perhaps libel, I don't know. Those guys are tricky!

The problem with an affidavit is the right of any defendant to cross examine an opposing witness, expert or not. So, yes the expert's gotta be there.

A good bluff will get you a long ways sometimes, might also get you locked up...Geo

Please understand, I really feel sorry for Mr. Lowe, he seems like a nice guy who got cheated from the information I have seen here. I just hate to see him get goaded into doing something foolish which just makes his experience worse.


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