4.15 Dual Role Testimony
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FAQ
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.
Hybrid witnesses are fact witnesses with first-hand knowledge of the occurrences at issue in a lawsuit who also have the requisite training, skill, education, and experience that qualify them to provide expert testimony in the case under Federal Rules of Evidence (FRE) 702, 703, and 705 (see Ford v.
Rule 702 ? Testimony By Expert Witnesses It states that an expert's opinion is admissible if: the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. the testimony is based on sufficient facts or data.
A dual witness is when a witness is cleared to provide a fact-based testimony, but they're also allowed to provide an expert opinion.
An expert witness, for example, could be a blood spatter analyst who can testify about the type of weapon used to commit a murder. Using this information, the defense can then demonstrate that the defendant did not commit the crime for which he is being charged.
Rule 702 currently states that expert testimony must: (a) help the trier of fact understand the evidence or determine a fact at issue; (b) be based on sufficient facts or data; (c) be based on reliable principles and methods; and (d) be based on principles and methods reliably applied to facts of the case.
Ethics in Testifying His or her facts with the subject materials must have a basis of truth, remain impartial and not have any bias to one side or the other. There is a need to provide all necessary and relevant information even if not in favor of the legal team's client.
Lastly, lay opinions cannot be based on scientific, technical, or other specialized knowledge within the scope of Rule 702. Therefore, lay opinions must be wholly independent of expert testimony.
