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.
Kentucky Motion in Limine Regarding The Testimony of Lay Witnesses
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How to fill out Motion In Limine Regarding The Testimony Of Lay Witnesses?
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FAQ
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Effective: July 1, 1992 History: Enacted 1990 Ky.
Under Rule 701, a lay witness may provide an opinion that is (1) rationally based on the witness's perception; (2) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (3) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
(a) Rationally based on the perception of the witness; (b) Helpful to a clear understanding of the witness' testimony or the determination of a fact in issue; and (c) Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if: (1) The testimony ...
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.
No later than 20 days before trial, each party must file all motions in limine and must lodge with the court any items served under (b)(2)-(9) and (c).
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.
(d) Motions in limine. A party may move the court for a ruling in advance of trial on the admission or exclusion of evidence.