3. Witness Opinion Testimony Flashcards
Is witness opinion testimony generally admissible?
No (general policy of the law)
- UNLESS courts find testimony necessary + helpful
What is required for witness opinion testimony to be admissible?
1) Rationally based on W’s perception
2) Helpful to clear understanding towards
- W’s testimony
- Determination of fact in issue
3) NOT based on specialised/scientific/technical knowledge
- Otherwise must meet reqs for expert opinion testimony
What situations may allow witness opinion testimony to be admissible?
Person’s general appearance/condition
- NOT specific (expert)
State of emotion
State of recognition
Voice/Handwriting recognition
- Foundation required to show familiarity with voice/handwriting
Speed of moving object
- Experience in observing speed rates required
- ‘Fast’, ‘very fast’
Value of witness’ own services
Sanity of person
Intoxication
- Details of person’s appearance required
What situations may not allow witness opinion testimony to be admissible?
Opinions re authorisation
- Can only state W’s employer + nature of employment
Opinions re contract
- Can only state existence/facts of contract
