Lay witness california8/25/2023 ![]() Rule 701 has been amended to eliminate the risk that the reliability requirements set forth in Rule 702 will be evaded through the simple expedient of proffering an expert in lay witness clothing. Notes of Advisory Committee on Rules-1987 Amendment Similar provisions are California Evidence Code §800 Kansas Code of Civil Procedure §60–456(a) New Jersey Evidence Rule 56(1). The language of the rule is substantially that of Uniform. If, despite these considerations, attempts are made to introduce meaningless assertions which amount to little more than choosing up sides, exclusion for lack of helpfulness is called for by the rule. See Ladd, Expert Testimony, 5 Vand.L.Rev. If he fails to do so, cross-examination and argument will point up the weakness. The rule assumes that the natural characteristics of the adversary system will generally lead to an acceptable result, since the detailed account carries more conviction than the broad assertion, and a lawyer can be expected to display his witness to the best advantage. Moreover, the practical impossibility of determinating by rule what is a “fact,” demonstrated by a century of litigation of the question of what is a fact for purposes of pleading under the Field Code, extends into evidence also. While the courts have made concessions in certain recurring situations, necessity as a standard for permitting opinions and conclusions has proved too elusive and too unadaptable to particular situations for purposes of satisfactory judicial administration. Witnesses often find difficulty in expressing themselves in language which is not that of an opinion or conclusion. Limitation (b) is phrased in terms of requiring testimony to be helpful in resolving issues. Limitation (a) is the familiar requirement of first-hand knowledge or observation. The rule retains the traditional objective of putting the trier of fact in possession of an accurate reproduction of the event. ![]() Notes of Advisory Committee on Proposed Rules (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702. (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue and ![]() (a) rationally based on the witness’s perception If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
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