Jules Epstein Is It Lay or Expert? Superior Court Has an Opinion (Maybe a Wrong One)
Lay witnesses may not cross a line and give testimony that is "based on scientific, technical, or other specialized knowledge within the scope of Rule 702." That's for experts, and with expert testimony comes discovery obligations such as reports and CVs.
May 10, 2024 at 10:44 AM
8 minute read
EvidenceLay opinion testimony is tolerated because, frankly, it is hard to find the line between fact and opinion ("she is tall," "they appeared drunk," "the car was way over the speed limit") and because lay witnesses should be comfortable speaking in normal, conversational, easily understood terms. To ensure there is a foundation for the opinion rather than mere speculation, there is the testing device of cross-examination.
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