A subpoena and a destroyed workfile
Q: "I was served with a subpoena to testify at a deposition and I am also
supposed to bring my appraisal and work file with me. My only problem is that
the appraisal in question was done in 2000 and I have already destroyed my file.
Now what do I do?"
A: I wonder if you have any records on your computer that you might be able to
find. Often an appraiser will keep a copy of the report on a hard drive, even if
his paper file has been shredded. Check to see if you can find a computer copy.
If you have nothing, just call the attorney who sent you the subpoena and
explain your situation. Be prepared. This attorney might know nothing about
USPAP and your record keeping requirements. You might need to provide the
attorney with some USPAP sections to prove you are not just trying to "dodge"
the subpoena. The attorney might ask you to come in to testify anyway. If that
is the case, you need to be careful about the questioning. Just explain that you
no longer have any of the requested documents because you shred your files that
are more than five years old. If anyone puts an appraisal in front of you and
asks if it is a "true and correct" of the appraisal you performed, you
have to answer that you do not know. If you no longer have a copy of your report
then you cannot be sure that what has been placed in front of you has not been
altered in some way.