Witnesses

Question 1

Expert qualification

Answer 1

W is qualified if they are an expert by knowledge, skill, experience, training, or education and they can testify if it is helpful to the trier of fact and based on sufficient facts or data

Question 2

Expert bases of testimony

Answer 2

An expert may base an opinion on:

1. personal knowledge
2. facts that are in the record and made known to expert by an hypothetical or testimony at trial; or
3. facts not in the record if they are the kind of facts other experts would reasonably rely on

Question 3

Ultimate issue rule

Answer 3

An expert opinion may embrace an ultimate issue

In criminal cases, an EW must not state whether the D has the requisite mens rea

Question 4

Lay witness

Answer 4

Opinion is admissible if it is rationally based on the W’s perception, helpful to determining a fact, and not based on scientific, technical, or other specialized knowledge

MUST have personal knowledge

Question 5

Exclusion of Ws

Answer 5

At a party’s request a court must order a nonparty W to be excluded HOWEVER, a court cannot authorize excluding a party, a person whose presence if essential to the claim/defense, or someone authorized to be present