On a family law motion arising from pending claims for spousal support and equalization, the moving party sought leave to call an appraiser originally retained by the opposing party and to rely on his valuation reports at trial.
The court held there is no property in an expert witness as to facts observed and independent opinions, subject to protection for any privileged communications or counsel work product.
The appraisal report's limiting conditions and professional appraisal standards were interpreted as protecting the appraiser from third-party liability, not as giving the retaining party an exclusive right to the witness's testimony.
Objections going to the quality and reliability of the report were found premature and left to qualification, admissibility, and weight at trial.
