When in court, someone who testifies for a particular case is referred to as a "witness." At least, this is what laymen know. But did you know that there’s this so-called "lay witness," a person different from who is considered as an "expert witness"?
The Main Difference
The main difference between these two types of testimonies is personal knowledge.
Expert witnesses like an expert ophthalmology witness use their body of knowledge and technical know-how to draw conclusions and give out well-laid explanation or opinion about a certain situation.
On the other hand, lay witnesses only use what they’ve seen or observed as the reference for their opinions and testimonies.
Key Distinctions: A Deeper Look
The United States use tao different set of governing rules for the admissibility of testimonies coming from expert and lay witnesses.
For the expert witnesses (e.g. Expert ophthalmology witness), the testimonies are governed by the Federal Rule of Evidence 702, which lays out the following requirements:
* the expert's witness knowledge will contribute to the understanding of fact or evidence
* the witness' testimony is based on data and facts
* the testimony is rooted on reliable methods and principles
* the expert used such methods and principles to the relevant facts of the case
For lay witnesses, their opinion should only be accepted in court if they meet what is stated in Federal Rule of Evidence 701:
* based on the rational perception of the witness
* if testimony will be helpful in understanding facts
* not based on knowledge that's stated in Rule 702
Why Know The Difference
There’s a fine line that separates an expert from a lay witness. Nonetheless, it is important to know the distinction between the two before a trial commences.
According to the Federal Rules of Civil Procedure’s Rule 26, a report that came from an expert witness (e.g. Expert ophthalmology witness) should be disclosed to the opposed party. Under this rule, "all opinions the witness will express and the basis and reasons for them" are required to be included in the report to be submitted, together with the following:
* the qualifications of the expert
* the set of data used by the expert
* exhibits or presentations
* expert's previous cases
* compensation of the expert
Failure to abide by these rules will allow the court to not accept and bar any of the expert’s testimonies.
In contrary to these strict requirements for expert witnesses, lay witnesses need not submit any report prior to the trial. However, there are cases when a lay witness’ opinion becomes close to getting considered as an expert opinion. In this situation, the lawyer needs to make sure that the opinion can still be usable during the trial.
For this one, the lawyer may opt to divulge the opinion or negotiate with the opposing party regarding the testimonies’ disclosure.
While lay witnesses may help clear up facts based on their perception and understanding, expert witness testimony clearly adds more weight given their expertise and knowledge of facts that need clarification or understanding.
Todd A. Lefkowitz, MD is one of the most sought for expert ophthalmology witness today. He has over 30 years of excellent relationships with defense and plaintiff attorneys.
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