South Dakota Motion in Limine Regarding The Testimony of Lay Witnesses

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Multi-State
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US-02248BG
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Description

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.

Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of § 22-42-15 is guilty of a Class 1 misdemeanor. Source: SL 2011, ch 118, § 1.

California Code, Evidence Code - EVID § 402 (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.

Such witnesses generally can offer opinions relating to degrees of distance, sound, light, weight, and a person's manner of conduct and appearance, and/or identity. In addition, lay witnesses' perceptions must be rationally based.

Rule 701 permits a lay witness to testify in the form of ?opinions or inferences,? subject to two important limitations: (a) the testimony must be ?based on firsthand knowledge or observation? and (b) it must be ?helpful in resolving issues? related to facts or testimony in the case.

An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.

The following is an example of evidence that would likely be found to be irrelevant: the fact that the defendant had been seen drunk at a party (not driving) a month before her arrest for driving while intoxicated. Even relevant evidence may not be admissible in all cases.

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South Dakota Motion in Limine Regarding The Testimony of Lay Witnesses