Lay Witness Testimony vs. Expert Witness Testimony (FRE 701-706) [LEAP Preview — Evidence: 7/14]

This paragraph discusses the rules governing witness testimony, specifically opinion testimony under the Federal Rules of Evidence 701 to 706. It emphasizes the distinction between lay and expert witnesses, noting that lay witnesses are typically not allowed to give opinion testimony unless certain conditions are met. The paragraph introduces the concept of fact-based testimony versus opinion testimony and outlines the general rule that non-expert witnesses should stick to the facts. It also introduces the knowledge spectrum, a tool for categorizing the type of opinion being given, ranging from pure speculation to common knowledge and beyond.

The second paragraph delves deeper into the knowledge spectrum, distinguishing between opinions based on common knowledge and those requiring expertise. It provides examples of common knowledge, such as estimating the speed of a car or recognizing when someone appears sick. The paragraph also explains that opinions based on common knowledge fall under Rule 701 and must be rationally based on the witness's perception, helpful to the fact-finder, and not based on specialized knowledge. The importance of lay witnesses sticking to facts to assist the jury, who serve as the fact-finders, is reiterated.

This paragraph focuses on the admissibility of lay opinion testimony under Rule 701. It outlines the three requirements that must be met for such testimony to be allowed: the opinion must be rationally based on the witness's perception, helpful to the fact-finder, and not based on specialized knowledge. The paragraph uses the example of a car accident to illustrate the difference between opinions that are merely labels of legal conclusions and those that provide concrete, observable facts, which are more helpful to the jury in determining the actual events of the case.

The fourth paragraph addresses the issue of lay witnesses using terms with legal meanings, such as 'negligent,' in their testimony. It explains that such terms must be clarified by the witness, as they cannot be used without definition under Rule 701. The paragraph highlights the importance of witnesses providing detailed, factual accounts of what they observed, rather than legal conclusions, to assist the jury in their fact-finding role.

This paragraph transitions from lay witness testimony to expert witness testimony, explaining that if an opinion requires scientific, technical, or other specialized knowledge, it falls under Rule 702. It emphasizes that a witness can provide both types of testimony during an examination, and the key is whether the opinion in question requires expertise. The paragraph also previews a more detailed analysis of Rule 702 in subsequent content.

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