Evidence-Wellborn SU2006 Outline

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Unformatted text preview: preparation. Rulemakers considered this, said no it's not going to apply, you can ask for a protective order of some kind, but we are not going to sequester witnesses during discovery! Chapter Five: Opinions and Expert Testimony OPINIONS AND EXPERT TESTIMONY Article VII Opinion Testimony by Lay Witnesses FRE 701 FRE 701: Opinion Testimony by Lay Witnesses If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are o Rationally based on the perception of the witness o Helpful to a clear understanding of the witness' testimony or the determination of a fact in issue o Not based on scientific, technical or other specialized knowledge within the scope of rule 702. Texas 701 versus Federal 701: Texas rule does not expressly limit lay opinion testimony to opinions `not based on scientific, technical, or other specialized knowledge within the scope of Rule 702" Rule 701 expands the scope of lay witness testimony beyond that of just stating the facts or relating concrete details, allows for the lay witness to testify in the form of an opinion or inference when the opinion or inference is: 1. Rationally based on the witness' perception 2. Would help the factfinder to understand clearly the witness' testimony or determine a fact in issue. Trial judge's determination that these requirements have...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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