(Introduction: According to relevant regulations on forensic identification, forensic experts have the responsibility and obligation to appear in court and provide testimony. This provision also applies to appraisal projects commissioned by the courts. To help practitioners understand how to appear in court and provide testimony, our editorial team recommends this article for the benefit of relevant personnel.)

As China’s legal system continues to improve and judicial reforms keep advancing, courtroom procedures are becoming increasingly sophisticated. In particular, the newly revised Criminal Procedure Law of the People’s Republic of China and the Civil Procedure Law of the People’s Republic of China both stipulate that price appraisers’ appearance in court to provide testimony is an obligation they cannot shirk. By appearing in court to offer testimony, price appraisers not only ensure that both parties to the litigation can fully exercise their procedural rights, but also serve as an effective measure for achieving judicial fairness and guaranteeing the accuracy of appraisal conclusions. Moreover, such court appearances are a necessary prerequisite for appraisal conclusions to carry evidentiary force.

Procedure for Price Determination Personnel to Testify in Court: (1) Acceptance Accept the court’s notice of appearance for cross-examination. (2) Appear in court Appear in court strictly according to the time specified in the Notice of Appearance for Examination and Cross-Examination. (3) Court cross-examination The judge requested that questions regarding the concluding document be answered truthfully and in plain, easy-to-understand language. (4) Signature After the court’s cross-examination is completed, the price determination personnel carefully review the transcript of the cross-examination. If there are no errors, they may sign it. If there are errors, they should request the judge to correct the transcript. After the transcript has been corrected, they may then sign it. (5) Adjourn the court. After the price determination personnel sign the record of cross-examination, they may withdraw from the courtroom with the judge’s approval.

Points to Note for Price Appraisers Appearing in Court for Cross-Examination:

(1) Psychological preparation. From the very outset of accepting a case, price determination personnel should be mentally prepared to appear in court and offer testimony. On this basis, they should carry out comprehensive and meticulous pre-trial preparations, ensuring that they are fully confident and well-informed. In particular, price determination personnel are responsible for the scientific validity, impartiality, and accuracy of their expert opinions. We need not concern ourselves yet with whether these opinions will be admitted by the court—this is a matter for the court to decide when evaluating the admissibility of litigation evidence. What matters most is that price determination personnel must firmly believe in—and have full confidence in—their own expert conclusions. To this end, upon receiving notice to appear in court, in addition to carrying out the necessary pre-trial preparations, department leaders and colleagues should encourage the personnel to build their confidence, enhance their self-assurance, and overcome any feelings of timidity. Alternatively, they can help the personnel create various opportunities to practice and develop their public speaking skills and emotional resilience, thereby equipping them with the right psychological qualities for effective courtroom testimony.

( II) Revisit the case details. Upon receiving the notice to appear in court, immediately retrieve the original forensic documentation and organize the forensic experts who originally participated in the assessment to review the entire content together. Carefully recall every detail from the original assessment, revisit relevant records, familiarize yourselves with pertinent materials, and re-examine the original assessment conclusions. Ensure that you have a thorough and comprehensive understanding of all aspects involved in the case, including the forensic assignment, site inspections, market surveys, calculations, and final conclusions.

(3) Contact and coordination. Price appraisers should all communicate in advance with the presiding judge—this not only enhances mutual understanding, brings the parties closer together, and alleviates tension, but also enables them to grasp the key points of contention between the two parties and anticipate potential questions that may arise during the trial. Furthermore, it allows them to make thorough preparations in advance, ensuring that their responses are more targeted and effective.

Coordinate with the case-handling authorities to provide protection for personnel appearing in court to testify regarding price assessments. Given that our Price Certification Center routinely handles a large number of criminal cases, the likelihood of these personnel being called to testify in court is relatively high. Moreover, the conclusions of price appraisals serve as crucial evidence directly affecting whether a suspect is found guilty or not, as well as determining the appropriate punishment or exemption from punishment. From a legal perspective, price assessment personnel have both an obligation and a corresponding right to appear in court and testify. This necessitates that judicial authorities provide protection for those testifying in court—for instance, by allowing testimony via audio transmission. Such measures not only safeguard the legitimate rights and interests of the witnesses, ensuring they are not subjected to aggression by either party after their testimony, but also further encourage price assessment personnel to actively participate in court proceedings.

(4) Prepare materials for court appearance. The courtroom materials consist of two parts: First, based on the original expert report, a detailed explanation of the expert appraisal process is provided. This includes, in particular, the appraisal procedure itself, the appraisal conclusion and its supporting rationale, as well as any necessary supplementary explanations. Second, the rebuttal materials. After contacting the judge handling the case, we have prepared a list of potential questions the court might raise regarding the appraisal—based on our own analysis and predictions—covering the following aspects: ① the name or entity of the client and the specific content of the requested appraisal; ② the materials submitted for appraisal; ③ the legal basis for the appraisal and the scientific and technological methods employed; ④ a description of the appraisal procedure; ⑤ a clear appraisal conclusion; ⑥ an explanation of the appraiser’s qualifications; ⑦ signatures and official seals of the appraiser and the appraisal institution. All of this is prepared in written form in the form of answers to anticipated questions. For cases that are particularly challenging, complex, or where multiple appraisal conclusions already exist, it is advisable to organize relevant personnel for a discussion and review prior to appearing in court, so as to avoid omissions or one-sidedness in the preparation process.

During the preparation of materials, if you identify any shortcomings in the original expert appraisal, be sure to supplement and refine it accordingly and submit the revised document in writing to the court before the hearing for cross-examination. For certain irreparable gaps or issues that cannot be resolved given the current state of technology, carefully devise an appropriate response strategy and promptly communicate with the court to explain the situation. If you discover that the original appraisal conclusion is indeed erroneous, you should promptly and truthfully report the matter to your supervisor, reorganize the appraisal process, and inform the court of the situation. Under no circumstances should you assume that the party involved lacks understanding of the appraisal or harbor侥幸心理 (a hope that things will work out despite negligence). Do not overlook the necessary pre-hearing preparations simply because you believe the party has been careless or insufficiently prepared.

(5) Presenting evidence in court. During the cross-examination, you must follow the instructions of the presiding judge and abide by courtroom discipline. Speak only when permitted to do so. When answering questions, avoid attempting to cover too many aspects or offering multiple interpretations of a single question—this can easily lead to mistakes, provide others with ammunition to attack you, or even result in contradictions that put you at a disadvantage. For scientific terms, provide straightforward explanations and refrain from using jargon that is understood only by experts—or even by yourself alone. During the debate, with the presiding judge’s permission, limit your responses solely to issues related to the expert testimony. If a party or their representative asks questions that fall outside the scope of the expert testimony, are irrelevant to the case at hand, pertain to matters already addressed in the expert report or during previous statements, or concern issues that the presiding judge has not requested you to address, you are under no obligation to answer them. If a party or their representative asks questions in an inappropriate manner or simply out of sheer obstinacy and harassment, immediately bring this to the attention of the presiding judge for correction and intervention. In cases where a party or their representative poses ambiguously worded questions, it is best to ask them to clarify their queries in simple, easy-to-understand language, ensuring you fully grasp their intent before providing a concise response. Never respond hastily to questions that you don’t understand, aren’t clear about, or haven’t carefully considered. Strive to avoid adverse consequences and situations of being put on the defensive due to human error.

(6) Document preparation and original files. When appearing in court, price determination personnel should prepare all relevant documents that can verify their organization’s qualifications and the appraiser’s credentials, ready for inspection during the trial. If necessary, they may also present materials from the original archives.

Conducting identification activities in a scientific and accurate manner is the foundation for effectively preparing for courtroom cross-examination. From the moment price appraisers take on a case onward, they must keep the “alarm bell” of our upcoming courtroom cross-examination constantly ringing in their minds at every step of the appraisal process. By holding themselves to this standard, they can ensure that their price appraisals are thorough and comprehensive, thereby enhancing the scientific rigor and reliability of their conclusions. Therefore, in future price certification work, we must strive for “detailed case acceptance, meticulous site inspections, precise calculations, and robust conclusions.” Only in this way can we reduce the likelihood of having to appear in court for cross-examination.

In short, presenting evidence in court involves price appraisers integrating their specialized knowledge of price appraisal with relevant legal expertise. Only by applying this knowledge in a comprehensive and scientifically sound manner can they convincingly persuade the prosecution, judges, parties involved, and their representatives during the court’s evidentiary examination, thereby upholding the reasonableness and authority of the appraisal conclusions they have issued.

The above is my personal perspective on the testimony of price appraisers in court. I would greatly appreciate any criticism and constructive feedback from our readers.

(Author’s Affiliation: Price Certification Center, Dongping County, Shandong Province)