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.
Pennsylvania Motion in Limine Regarding The Testimony of Lay Witnesses
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Code § 701 - Opinion Testimony by Lay Witnesses. (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted.
Pa. R.E. 702 states that an expert may testify in the form of an ''opinion or otherwise.
A party may claim error in a ruling to admit or exclude evidence only: (1) if the ruling admits evidence, a party, on the record: (A) makes a timely objection, motion to strike, or motion in limine ; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a ...
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).
While the amended FRE 702 does not require a court to ?nitpick an expert's opinion to reach a perfect expression? of what might be supportable testimony, it ?does not permit the expert to make claims that are unsupported by the expert's basis and methodology.?
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.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.