When a lay witness’ testimony approaches the line between lay observations and expert opinions, however, lawyers may need to consider ways to ensure the testimony remains usable at trial. When they do not, their work is generally considered protected by attorney work product rules.īy contrast, lay witness opinions generally do not need to be summarized in a report or otherwise disclosed prior to trial. Non-testifying experts may also be required to be disclosed or to submit a report in certain circumstances. Rule 26(a)(2) requires retained experts to submit an expert report if they will testify. Disclosureįederal Rule of Civil Procedure 26(a)(2) (and similar rules in many states) requires lawyers to meet disclosure requirements for expert witnesses above and beyond those required for lay witnesses. For instance, an expert witness may also testify generally about principles, methods, or other information relevant to the topic and case. Instead, the expert witness’s opinion may be based on the witness’s application of reliable principles and methods to the facts or data in the case.Įxperts are not limited by Rule 702 to testifying as to their opinion. Unlike a lay witness, an expert witness does not have to have firsthand knowledge of the case in order to form or to testify to an opinion.
EXPERT TESTIMONY MEANING DRIVER
For instance, a lay witness to a car accident might testify that she saw the defendant’s car run a red light at a high rate of speed, and that as a result, her opinion was that the driver was speeding. Lay witnesses are typically restricted to testifying about things they personally perceived and about which the average reasonable person could also form an opinion.
Is rationally based on the witness’s perception.Under FRE 701, a lay witness may provide any opinion that: Federal Rule of Evidence 701 governs the admissibility of lay witness testimony 702, of expert witnesses. Lay witness and expert witness testimony are subject to two separate sets of rules governing admissibility in federal courts. Because they don’t have firsthand knowledge of the facts or events, expert witnesses use their technical knowledge, experience, skills, and expert methodologies to form their opinions on the case. Expert witnesses testify as to their opinion about certain facts or events. Expert Witness TestimonyĪn expert witness, or an opinion witness, is a person with specialized skill sets whose opinion may help a jury make sense of the factual evidence of a case. They may be family members, business partners, or eyewitnesses at the scene. Fact witnesses are often closely related to the case in some way. Fact witnesses, or lay witnesses, testify about their firsthand knowledge: what they heard, saw, said, or did. Generally speaking, the law divides witnesses into two categories: Fact Witnesses and Opinion Witnesses. Therefore, understanding the potential hurdles for admissibility and disclosure is essential.
The court held that the agent lacked the knowledge necessary to support a lay witness opinion under Federal Rule of Evidence 701(a).Īs demonstrated by the differing results reached by federal courts even in similar cases, questions about lay versus expert witness testimony don’t always have ‘black or white’ answers.
EXPERT TESTIMONY MEANING TRIAL
2013), the Sixth Circuit reversed the trial court’s decision to allow an FBI agent to testify as a lay witness about words spoken during phone calls between the defendants.
EXPERT TESTIMONY MEANING CODE
2011), the Eleventh Circuit treated the lay witness testimony admissibility requirements broadly, allowing an FBI agent to testify as to the meaning of certain alleged code words in Arabic spoken by the defendants, even though the agent did not speak Arabic.īy contrast, in US v.
When a person answers questions under oath during a deposition or trial, the person is generally referred to as a “witness” and their statements as “testimony.” Yet whether the person is categorized as a lay witness or an expert witness has a profound effect on which testimony is permissible and under what circumstances.įurthermore, the line between “lay” and “expert” witnesses and testimony varies among jurisdictions.
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