Witnesses

Question 1

Competency of witnesses - generally

Answer 1

All witnesses are competent unless physically or mentally impaired in some fashion, or unless they are too young to understand the oath and the need to testify truthfully.

Question 2

Lay opinion testimony

Answer 2

Opinions by lay witnesses are generally inadmissible. Under the Federal Rules, lay opinion testimony is admissible when:
1. it is rationally based on the perception of the witness;
2. it is helpful to a clear understanding of her testimony or to the determination of a fact in issue; and
3. it is not based on scientific, technical, or other specialized knowledge.
The witness must have had the opportunity to observe the event that forms the basis of her opinion.

Question 3

Refreshing Recollection

Answer 3

A witness may use any writing or object for the purpose of refreshing their present recollection. They usually may not read from the writing while testifying because the writing is not authenticated and not in evidence.