Opinion testimony is a type of evidence given by a witness in a court of law. It is a form of testimony that is based on the witness’s opinion or point of view, rather than facts or direct knowledge. Opinion testimony can include both expert and lay opinion. Expert opinion testimony is given by an expert witness who has knowledge, experience, or special qualifications in a particular field, while lay opinion testimony is given by a non-expert witness, such as a witness to a crime. Both types of opinion testimony must be based on the facts known to the witness and must not include speculative or subjective opinions.
OPINION TESTIMONY
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Multi-State
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US-JURY-6THCIR-CR-7-03
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Word
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OPINION TESTIMONY
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FAQ
The general preference is that witnesses tell the judge or jury what they know and let the triers of fact draw conclusions that are warranted. There is therefore a general principle that testimony as to the witness' opinions will not be allowed unless there is a good policy reason to allow it.
For example: a psychologist or psychiatrist giving evidence about the mental health of a person. Or a firearms ballistics expert giving evidence about the bullet trajectory is admissible under the exception of expert witness opinions.
A) Lay witness opinions are the kind of conclusions, generalizations and characterizations that ordinary people make to communicate what they have seen. They are admissible as long as they are rationally based on the witness's perception and the characterization is helpful to a clear understanding of their testimony.
Code, §§ 800, 801.) Opinion testimony may be admitted in circumstances where it will assist the jury to understand the evidence or a concept beyond common experience. Thus, expert opinion is admissible if it is 'related to a subject that is sufficiently beyond common experience and would assist the trier of fact.
Personal Knowledge is Required The major difference between these two types of witnesses is personal knowledge. While experts may use their knowledge or skill to draw conclusions, lay witnesses can only base their opinions on information they personally observed.
Opinion evidence is inadmissible in court proceedings as a general rule, although there are some exceptions. Opinion evidence is generally excluded because it has the potential to mislead the court (i.e. the jury) despite being irrelevant and extraneous material.
Lay witness testimony often begins with the witness testifying to observations that he or she personally perceived. For example, say that a witness states: ?I observed a black truck approach a red light and continue driving through it without stopping.? This is testimony as to a factual observation.
In ance with CPR 35, in order for opinion evidence to be admissible in court, it must be relevant and prepared by someone who would be qualified to give expert evidence. A party cannot rely on expert evidence without the court's permission.