#A lay witness may testify about trial#

The form and admissibility of hypothetical questions is a matter within the trial court’s discretion. Experts and The Use Of Hypothetical QuestionsĪn expert may be asked hypothetical questions. Then if any challenge to the witness is not sustained, the jury will not be left with any mis-impression that because the judge has overruled the challenge, the judge has determined that the witness’ expertise and opinions are unassailable. This will enable counsel to clarify the witness’ field of expertise and the relevance of the proffered opinion and to conduct any voir dire challenges outside the presence of the jury. On some occasions it is advisable to request that the opposing party make an offer of proofoutside the jury’s presence as to the witness’ qualifications and testimony. Opposing counsel may request voir dire in order to challenge the witness’ qualifications and the admissibility of the witness’ opinion and may cross-examine an expert witness concerning the basis of the expert’s opinion. Once the examiner establishes the witness’ expertise and qualifications, the examiner can proceed to elicit the relevant opinions without a formal imprimatur of the court. In Colorado, the direct examiner is no longer required to first qualify and then formally tender the witness as an expert to the court for approval before the witness can give an opinion. In Colorado a trial judge has authority to appoint an expert witness to render an opinion. The expert’s opinions are to be weighed and considered in the same manner as are those of other witnesses. The weight to be given the expert’s testimony is for the fact finder. The trial courtdetermines whether a witness is qualified to render an expert opinion. There is a distinction, however, between an opinion on an ultimate issue of fact and a “legal conclusion,” that is, whether a particular legal standard has or has not been met. An expert cannot, however, base an opinion solely on the opinions of others.Īn expert may state an opinion as to the ultimate issuesin the case. The evidence upon which an expert opinion is based need not be admissible, provided it is reasonably relied upon by experts in that particular field. scientific, technical, or other specialized knowledge would assist the jury in understanding the evidence or a fact in issue.the person testifying has knowledge, skill, training, education, or experience relevant to rendering the opinion and.The Difference Between Expert and Lay Testimony of Witnesses Expert Opinion Testimony in ColoradoĪ witness qualified as an “expert”may state an opinion within the witness’ expertise. The weight to be given such opinions, if admitted, is for the jury to decide.Ī lay witness is not prohibited from testifying to an issue of ultimate fact, provided the opinion is helpful and the questions eliciting the testimony are phrased to ask for a factual opinion, rather than a legal conclusion. The sufficiency of evidence to establish the knowledge of a witness to express a lay opinion is a matter for the trial court to determine. rationally based on the witness’ own observations.helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue.So long as the witness observed first-hand the physical facts upon which an opinion can be rationally based, the witness may state a lay opinion even if the witness cannot articulate all of the individual facts upon which the opinion rests. a lay witness may also identify another person or thing.and the value of the witness’ property.A witness may give testimony in the form of an opinion with respect to matters about which a person without specialized training would be competent to render a reliable judgment, provided the opinion is the kind of opinion that an ordinary person could make with reliability from observed facts.įor example, a witness may state an opinion regarding commonly observed matters, such as the speed of a vehicle 701 of the Colorado Rules of Evidence ( The Colorado Rules of Evidence) provides for the admissibility of testimony in the form of an opinion or inference of a witness not testifying as an expert. The Colorado Rules of Evidence provide specifically for the admissibility of testimony in the form of opinions and inferences and separates such testimony into two categories: lay opinions and opinions by expert witnesses. Colorado Criminal Law: Expert and Lay Opinion Testimony at Trial in ColoradoĪt common law, a witness could testify only to factual matters about which the witness had first-hand, personal knowledge.

A lay witness may testify about