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.
Michigan Motion in Liming Regarding The Testimony of Lay Witnesses is a legal document filed by either the prosecutor or the defense attorney prior to a trial in the state of Michigan. This motion aims to restrict or exclude specific testimony from lay witnesses during the trial. Lay witnesses are individuals who testify based on personal knowledge or observations and do not possess specialized expertise in a particular field. Their testimony is essential in providing factual information regarding a case, but sometimes it may be biased, irrelevant, or prejudicial. Hence, a Motion in Liming is utilized to shape the course of the trial by ensuring that only relevant and admissible evidence is presented to the jury. There are different types of Michigan Motions in Liming Regarding The Testimony of Lay Witnesses, including: 1. Motion to Exclude Hearsay Testimony: This motion seeks to exclude any testimonies from lay witnesses that reference statements made out-of-court by third parties, and therefore, fall under the category of hearsay evidence. 2. Motion to Exclude Opinion Testimony: This motion aims to limit lay witnesses from providing their opinions or conclusions on matters that require specialized knowledge or expertise that they do not possess. Lay witnesses are generally expected to testify based on their personal observations, not provide expert opinions. 3. Motion to Exclude Irrelevant Testimony: This motion is filed to prevent lay witnesses from presenting testimony not directly related to the facts of the case. Irrelevant testimony may confuse the jury or distract them from the core issues being presented. 4. Motion to Exclude Prejudicial Testimony: This motion seeks to exclude lay witness testimonies that may unduly influence the jury in favor of one party or create bias or prejudice. The goal is to ensure a fair trial by preventing the introduction of any potentially inflammatory or irrelevant information. 5. Motion to Exclude Speculative Testimony: This motion aims to restrict lay witnesses from offering speculative or conjectural statements that do not have a factual basis or are outside their personal knowledge. It is important to note that the specific types of motions in liming filed can vary depending on the nature of the case, the parties involved, and the discretion of the judge. These motions are presented to the court to establish ground rules and ensure that the trial proceeds in a fair and efficient manner, with only admissible evidence being presented to the jury.
