Witnesses

Question 1

Lay Witnesses

Answer 1

a. Generally, anyone can be a witness
b. Have to know the difference between a lie and the truth
c. Understand what’s going on
d. Have PERSONAL KNOWLEDGE
e. Can testify to common perceptions (time, speed, etc.)

Question 2

Expert Witnesses

Answer 2

a. Judge determines someone as expert
b. Experts have to lay foundation – usually proving education/ background using resume
c. Always subject to cross examinations
d. Never subject to judicial notice
e. Crim cases: experts CANNOT state an opinion on D’s mental state
f. Are only considered experts on the subject they have a background in. if they give opinion on a different subject, that isn’t an expert opinion