![]() ![]() In Automobile, certain purchasers of new cars in California sued a number of car manufacturers and dealer associations under the Cartright Act. Lay Opinion Testimony versus Expert Opinion TestimonyĪn illustrative analysis of lay opinion analysis can be found in In re Automobile Antitrust Cases I & II, 1 Cal. For this reason, we must distinguish lay opinion testimony from expert opinion testimony. Similarly, California Evidence Code section 702 states that “… the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter….” But this rule is “ubject to Section 801,” which discusses the admissibility of expert opinion testimony.Īs a threshold matter then, expert witness testimony is unique from other witness testimony in that:īut this does not mean that only experts can offer opinion evidence. This rule does not apply to a witness’s expert testimony under Rule 703. Evidence to prove personal knowledge may consist of the witness’s own testimony. Federal Rule of Evidence 602 provides:Ī witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. But this need for personal knowledge has carved out exceptions for expert witness testimony. Specifically, there must be a showing that the witness perceived the traffic light as opposed to someone telling the witness that the traffic light was green. Before a percipient witness can testify that the “light was green,” there must be a showing that the witness has personal knowledge as to the traffic light. Rather, what makes expert witness testimony unique is that it is the only type of testimony that does not require the witness to have personal knowledge of the matter. It is not even that the witness is offering an opinion lay witnesses can offer some opinions. ![]() It is not that the witness is compensated. And while these professional expert witnesses are the most common types of expert witnesses in civil litigation, they are certainly not the only types of witnesses who can provide expert testimony.Ī simpler way to think about expert witness testimony is to first understand what makes expert witness testimony unique. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.When it comes to expert witnesses, there can be a tendency to limit consideration to paid, third-party experts. ![]() Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.Īs a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. This work is in the public domain in the United States of America, and possibly other nations. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work was reproduced from the original artifact, and remains as true to the original work as possible. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. ![]()
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