A large portion of my appraisal work today involves litigation, primarily divorce cases and partition actions. Years ago, I didn’t love this type of work. Now, it makes up roughly 40% of my business, and I actually enjoy it. But litigation work comes with its own rules, surprises, and occasional curveballs that every appraiser should be prepared for.
Most of the time, the process is straightforward. One spouse hires me as the appraiser. That spouse is my client. The attorney is listed as an additional intended user. If testimony is needed, the attorney usually does the logical thing and calls or emails to confirm availability. We coordinate a date and time, I collect a retainer in advance, and I show up to court with a copy of my appraisal report. Simple. No drama. No process servers knocking on my door. That is how it should work.
When a Subpoena Shows Up
Recently, I was served with a subpoena by an attorney whose client had already hired me. Instead of a phone call, a process server showed up at my house. The client paid for that unnecessary service. The attorney could have called my office and taken care of it with a two-minute phone call.
What made it worse was the scope of the subpoena. It demanded that I bring not only the appraisal report, but all records, notes, memos, photos, invoices, and any materials prepared in connection with the case.
That is not customary for a final hearing or trial at least in my market.
In depositions, yes. Full files are sometimes requested and produced. But for court testimony? No. In nearly every case I have handled, I bring a copy of the appraisal report for myself, and sometimes extra copies for the court if requested. That is it.
Dragging your entire workfile into a courtroom is not standard practice and opens doors that do not need to be opened.
I immediately contacted my client, let him know a retainer would be required. I also emailed the attorney directly and made it clear that a subpoena was unnecessary and that the document request was unusual.
The takeaway here is important. A subpoena is not a substitute for communication, and appraisers should not assume that everything listed in a subpoena is reasonable or appropriate without clarification.
When Access Is Denied and the Court Steps In
Another situation appraisers should expect in divorce work is denied access. I recently handled a case involving multiple properties where one spouse refused to allow entry. In those situations, the solution is not negotiation at the front door. It is a court order.
In this case, the attorneys obtained an agreed court order specifically granting me access to the properties on a stated date. The order made it very clear that failure to provide access would be a violation of the court’s directive.
This is not uncommon in contested divorce cases, and appraisers who do this type of work should not be surprised when access issues arise. The key is understanding that you are not the one enforcing the access. The court is.
Why This Matters If You Want Litigation Work
Divorce and partition assignments are not for everyone, but they are consistent, well-paid, and recession-resistant. They also require confidence, professionalism, and a basic understanding of court procedures.
You will deal with subpoenas. Some will be unnecessary. Some will be poorly drafted. You may need court orders to gain access. None of this means you are doing anything wrong. It means you are operating in a legal environment, not a lending one.
If you are thinking about expanding into litigation work, or you are already doing it and want to tighten up your process, this is exactly the kind of thing you need to be prepared for.
Here is a redacted example of an actual subpoena and a court order https://referappraisals.com/wp-content/uploads/2026/01/redacted.pdf
so you can see the format, language, and scope without exposing any personal information. These are real documents from real cases, and they are excellent reference points for what you may encounter.
If you want to learn more about divorce, partition, and other non-lender appraisal work, and how to build this into a meaningful part of your business, I’d encourage you to get involved with the Appraisal Referral Network. This niche has been a game-changer for me, and it can be for you too.
