West Virginia 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

Rule 608(b) is an explicit acknowledgement that every witness who testifies places their character for truthfulness or untruthfulness at issue. An effective cross-examination, therefore, should seek to invoke Rule 608(b) broad grant of authority to test a witness's general character for truthfulness.

A party may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interest of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.

ROE 609. (a) General Rule. (1) Criminal Defendants. For the purpose of attacking the credibility of a witness accused in a criminal case, evidence that the accused has been convicted of a crime shall be admitted but only if the crime involved perjury or false swearing.

Rule 8 - Impeachment by Evidence of Reputation for Truthtelling and Conduct of Witness (a)Reputation evidence of the character trait for truthfulness or untruthfulness.

Rule 702 - Testimony by Expert Witnesses (a) 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 ...

Rule 608. A Witness's Character for Truthfulness or Untruthfulness. Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.

K. Prinz, 70 the Supreme Court eliminated the West Virginia's Dead Man's Statute, which prevented witness testimony and documentary evidence as it pertained to any statement made by a deceased person.

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West Virginia Motion in Limine Regarding The Testimony of Lay Witnesses