New Hampshire Motion in Limine Regarding The Testimony of Lay Witnesses

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US-02248BG
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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.

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FAQ

Authenticating or Identifying Evidence. (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?.

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).

Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.

Federal Rule 609 provides that a witness' credibility may be impeached with evidence of his or her prior criminal convictions: "There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable ...

Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.

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.

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

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New Hampshire Motion in Limine Regarding The Testimony of Lay Witnesses