Opinion Testimony

Question 1

Lay Wintess

Answer 1

a lay non-expert witness is generally not permitted to testify as to his opinion. HOWEVER, lay opinions are admissible with respect to common sense impressions such as apperance, intoxication, speed of a vehicle, or another’s emotions.

Question 2

What makes a lay opinion admissible?

Answer 2

the opinion must be

(1) rationally based on the perception of the witness and
(2) helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue

Question 3

Expert Witness

Answer 3

Does not need to have personal knowledge.