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 "Kentucky Motion in Liming Regarding The Testimony of Lay Witnesses" is a legal procedure used in Kentucky courts to seek the exclusion or limitation of certain testimony or evidence from lay witnesses. This motion is typically filed by one party in a lawsuit to prevent the other party from presenting specific testimony that they believe is irrelevant, prejudicial, or improper. The purpose of this motion is to ensure a fair trial by preventing the introduction of potentially damaging or unreliable testimony from lay witnesses who are not experts in a particular field. By seeking to exclude certain evidence in advance, the motion in liming allows the court to consider the admissibility of such evidence before it is presented to the jury, saving time and avoiding potential prejudice. Some common types of Kentucky Motion in Liming Regarding The Testimony of Lay Witnesses include: 1. Motion to Exclude Hearsay Testimony: This motion seeks to prevent lay witnesses from offering statements or testimony that are based on hearsay, which is an out-of-court statement offered for the truth of the matter asserted. The motion argues that this type of evidence is unreliable and should be excluded. 2. Motion to Exclude Irrelevant Testimony: This motion aims to exclude any testimony from lay witnesses that is not directly related to the issues at hand in the lawsuit. It argues that such testimony would waste the court's time and confuse the jury. 3. Motion to Exclude Speculative Testimony: This motion seeks to prevent lay witnesses from offering testimony that is based on speculation or conjecture rather than personal knowledge or facts. It argues that speculative testimony is not reliable and should be excluded. 4. Motion to Exclude Prejudicial Testimony: This motion aims to exclude any testimony from lay witnesses that may unfairly prejudice the jury against one party. It argues that such testimony could sway the jury's decision based on emotional or irrelevant grounds. 5. Motion to Exclude Improper Opinion Testimony: This motion seeks to prevent lay witnesses from offering opinions or drawing conclusions that are beyond their expertise or based on speculation. It argues that lay witnesses should only provide factual information rather than personal opinions. In conclusion, a Kentucky Motion in Liming Regarding The Testimony of Lay Witnesses is a legal tool used to request the exclusion or limitation of certain testimony from lay witnesses. Various types of motions can be filed, including those to exclude hearsay, irrelevant, speculative, prejudicial, or improper opinion testimony. These motions aim to ensure a fair trial by excluding unreliable or potentially prejudicial evidence and promoting the presentation of relevant and credible testimony.
