A lay witness is an ordinary person who testifies based upon their personal knowledge and life experiences. A lay witness is distinguished from an expert testimony, who testifies and gives and opinion based upon their qualifications of expertise in their field. A lay witness' opinion must not be based on knowledge outside the understanding of the ordinary person.
Alabama Motion in Limine Regarding The Testimony of Lay Witnesses
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FAQ
A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury ? typically evidence that is irrelevant, unreliable, or more prejudicial than probative.
Exclusion of witnesses. At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses and it may make the order of its own motion.
Rule 616. Bias of Witness. For the purpose of attacking the credibility of a witness, evidence of bias, prejudice, or interest of the witness for or against any party to the case is admissible.
R. Evid. 701, which vests the trial court with discretion to permit lay witnesses to give opinions but only under certain conditions. Alabama Rule of Evidence 701, like its identical counterpart under the Federal Rules of Evidence, permits lay witnesses to give opinions whenever two conditions are met.
Rule 702 requires an expert's testimony to be "based on reliable principles and methods ... applied reliably to the facts of this case." This is a much more promising basis for a potential objection (or, more likely, a pretrial motion in limine).
Impeachment by evidence of bias, prejudice, or interest. A party may attack the credibility of a witness by presenting evidence that the witness has a bias or prejudice for or against a party to the case or that the witness has an interest in the case.
Federal Rule of Evidence 615 does state that witnesses must be excluded at a party's request, but ing to Rule 30(c) of the Federal Rules of Civil Procedure, ?[t]he examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615.? Thus, ...
Rule 615 of the Federal Rules of Evidence (FRE) provides: ?At the request of a party, the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.? The rule provides three exceptions: (1) a party who is a natural person, (2) an officer ...