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.
California Motion in Limine Regarding The Testimony of Lay Witnesses
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FAQ
Federal Rule of Evidence 702 provides that a witness who is qualified as an expert by ?knowledge, skill, experience, training, or education? can provide testimony if the expert's ?scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or determine a fact in issue[.] ...
Rule 704 provides that a lay or expert witness may not be precluded from testifying to an ultimate issue if the testimony is otherwise admissible and it would be "helpful to the trier of fact." cases, dating as far back 1941, where the court allowed opinion testimony on an ultimate issue).
However, a lay witness may properly testify and/or state an opinion if the opinion includes facts showing that the opinion is rational, based on the witness's perception, relevant, and helpful in understanding other facts in the document or matter. (Evidence Code § 800.)
Rule 701 permits a lay witness to testify in the form of ?opinions or inferences,? subject to two important limitations: (a) the testimony must be ?based on firsthand knowledge or observation? and (b) it must be ?helpful in resolving issues? related to facts or testimony in the case.
Such witnesses generally can offer opinions relating to degrees of distance, sound, light, weight, and a person's manner of conduct and appearance, and/or identity. In addition, lay witnesses' perceptions must be rationally based.
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.
If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not limited to an opinion that is: (a) Rationally based on the perception of the witness; and (b) Helpful to a clear understanding of his testimony. Enacted by Stats.
A motion in limine generally seeks to preclude disputably inadmissible or highly prejudicial evidence before trial. These motions are brought before trial, outside the presence of the jury, to avoid needing to "unring the bell" should the jury be exposed to prejudicial evidence.