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.
Massachusetts 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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702, reflects Massachusetts common law. The proponent of expert testimony must establish the foundational requirements for admissibility, and the judge, as the "gatekeeper" of the evidence, must make a threshold determination that those requirements have been met before the testimony goes to the jury.
Unless the court orders otherwise, an expert may state an opinion ? and give the reasons for it ? without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
R. Evid. 703, which permits opinions based on inadmissible evidence of a type reasonably relied upon by experts in the relevant field, Massachusetts law requires the facts or data underlying an opinion to be independently admissible, even if not actually admitted.
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).
702, reflects Massachusetts common law. The proponent of expert testimony must establish the foundational requirements for admissibility, and the judge, as the "gatekeeper" of the evidence, must make a threshold determination that those requirements have been met before the testimony goes to the jury.
"The best evidence rule provides that, where the contents of a document are to be proved, the party must either produce the original or show a sufficient excuse for its nonproduction.
Evidence Rules 701 (opinion testimony by lay witnesses) and 702 (testimony by experts). Opinion testimony would be admissible without prior disclosure of the underlying facts or data, leaving such disclosure to be elicited on cross-examination. Proposed Mass. Evidence Rule 705.
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.