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(a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or (2) Incapable of understanding the duty of a witness to tell the truth.
The major difference between these two types of witnesses is personal knowledge. While experts may use their knowledge or skill to draw conclusions, lay witnesses can only base their opinions on information they personally observed.Rule 602 specifically exempts expert testimony from this requirement.
A lay witness the most common type is a person who watched certain events and describes what they saw. An expert witness is a specialist someone who is educated in a certain area. A character witness is someone who knew the victim, the defendant, or other people involved in the case.
In the United States, such a witness is "more than likely to be true based on his/her experience, knowledge, training and appearance of honesty and forthrightness...." Some factors for determining the credibility of testimony in U.S. courts include: (1) the witness had personal knowledge, (2) he or she was actually
A fact witness is allowed to be compensated a reasonable amount above and beyond the $15 to compensate for lost time, work or expenses. When a witness is subpoenaed to court he must answer questions truthfully as to the facts known to him, but he cannot be forced to give an opinion.