New Jersey 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

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.

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).

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

609. Rule 609 - Impeachment by Evidence of Conviction of Crime (a) In General. (1) For the purpose of attacking the credibility of any witness, the witness' conviction of a crime, subject to Rule 403, shall be admitted unless excluded by the court pursuant to paragraph (b) of this rule.

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.

Motions to exclude an expert witness are tactics by an opposing party to prevent the admissibility of testimony in court or to a jury. In other words, these motions may focus on alleged deficiencies in an Expert's qualifications, Expert methodology, Expert's basis for opinions, and other factors.

N.J.R.E. 703. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

Section 777 - Exclusion of witness (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses. (b) A party to the action cannot be excluded under this section.

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New Jersey Motion in Limine Regarding The Testimony of Lay Witnesses