Lay Witness and Expert Testimony Flashcards
FRE 701: Lay Witness Testimony
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
1) Rationally based on the witness’s perception;
2) Helpful to the jury as a material fact;
3) Not based on scientific, technical, or other specialized knowledge.
What does FRE 701: Lay Witness Testimony’s first key “Rationally based on the witness’s perception” require of the witness?
1) The witness must have personal knowledge per FRE 602;
2) The opinion is one that a reasonable person could draw from the underlying facts.
What does the second key: “Helpful to the jury as to a material fact” require under FRE 701: Lay Witness Testimony?
1) The juors could not have otherwise the judged the matter for themselves;
2) The opinion adds relevant information to the case that the jurors could not have gained from other witnesses;
3) The more relevant the fact, the more detailed the testimony is allowed to be.
What are common examples of key 3: “Not based on scientific, technical, or other specialized knowledge” listed in 701: Lay Witnesses Testimony
Common Examples:
1) Appearance of persons or things;
2) Identity;
3) Manner of Conduct;
4) Degree of light or darkness;
5) Sound, size, weight, distance;
6) Mood, demeanor, emotion
How to courts treat lay witness testimony as to what a substance may be?
Courts will often permit lay witnesses to testify that a substance appears to be a narcotic, so long as the foundation of familiarity with the substance is established. It is based on personal rather than specialized knowledge.
What is the formula for Expert Testimony under FRE 702?
1) Witness must be qualified;
2) Testimony must help the jury;
3) Adequate factual basis;
4) Reliable principles and reliable application of principles to facts;
5) FRE 403 Test is satisfied.
What is the standard of review for appellate courts reviewing a trial courts decision to qualify an expert witness?
The standard of review of expert qualification is abuse of discretion. For this reason, only rarely will an appellate court reverse the decision.
What is required under 702: Expert Witnesses to have proper qualifications?
The witness must be qualified as an expert by knowledge, skill, experience, training, or education.
What is required under FRE 702: Expert Witnesses for the testimony to be helpful to the jurors?
The expert’s testimony must concern a topic that exceeds the knowledge or experience of the jurors - as long as the testimony does not encroach upon the role of the court.
What does FRE 704(b): No “Mental State” Testimony require of expert witnesses?
It prohibits an expert witness from stating an opinion about whether the defendant possessed or lacked a mental state that is an element of the crime. In other words, the expert cannot tell the jury what result to reach.
Can an expert witness testify as to other witnesses credibility?
No, courts have consistently held that expert opinions that constitute evaluations of witness credibility, even when the evaluations are rooted in scientific or technical expertise, are inadmissible under FRE 702. This is because the jurors have the ability to judge this information on their own.
What is required for the expert to have the required background factual information for their opinions?
The expert must have sufficient factual basis for their testimony.
This requires:
1) Facts and data that the expert has personally observed;
2) Facts or data that the expert has personally observed;
3) If otherwise inadmissible, acts experts in the field would reasonably rely on.
What should the jury do when there is two conflicting testimony’s from two different experts?
The introduction of testimony from an expert witness does not foreclose the issue from consideration by the jury, which may reject the testimony. When two conflicting opinions are offered, the disputed issue should be given to the jury to decide.
