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.
A California Motion in Liming Regarding The Testimony of Lay Witnesses is a legal document filed by one party in a court case to exclude or limit the testimony of lay witnesses. Lay witnesses are individuals who are not experts in a particular field but can provide relevant information or observations regarding the case. This motion is typically filed before the trial begins and aims to restrict the admissibility of certain lay witness testimony that may be deemed irrelevant, unreliable, prejudicial, or inadmissible under California evidentiary rules. By motioning in liming, the party seeks to exclude the testimony from being presented to the jury, ensuring a fair and just trial process. Common types of California Motion in Liming Regarding The Testimony of Lay Witnesses may include: 1. Motion to Exclude Hearsay Testimony: Hearsay refers to statements made outside of court that are offered as evidence to prove the truth of the matter asserted. Such testimony is generally excluded because it lacks reliability and can be easily manipulated. This motion seeks to prevent lay witnesses from providing hearsay statements during their testimony. 2. Motion to Exclude Character Evidence: Character evidence relates to a person's general personality traits or reputation, which may not be directly connected to the facts of the case. This motion aims to restrict lay witnesses from introducing character evidence that may bias the jury. 3. Motion to Exclude Expert Testimony: Although lay witnesses are not considered experts, they may sometimes attempt to provide opinions or conclusions beyond their knowledge or expertise. This motion seeks to prevent the introduction of non-expert opinions offered by lay witnesses. 4. Motion to Exclude Irrelevant Testimony: This motion aims to limit lay witnesses' testimonies to only those facts or opinions directly related to the case. It seeks to exclude any irrelevant information that may confuse or mislead the jury. 5. Motion to Exclude Prejudicial Testimony: Sometimes, lay witnesses may inadvertently or intentionally introduce information that is highly prejudicial to one party. This motion requests the court to exclude such prejudicial testimony that may unfairly influence the jury's decision. In summary, a California Motion in Liming Regarding The Testimony of Lay Witnesses is a legal procedure used to exclude or confine lay witness testimony that may be irrelevant, unreliable, hearsay, character evidence, or otherwise inadmissible for various reasons. By filing this motion, the party seeks to ensure a fair trial process under the rules of evidence in California.
