![]() ![]() The federal court determined that the executive had “particularized knowledge gained from years of experience within his field.”īut when testimony requires more-complex financial or valuation knowledge, courts are likely to require a qualified outside expert. Co., the company’s CEO was allowed to testify as a lay witness regarding the reasonableness of re-rental charges for equipment. … Such opinion testimony is admitted not because of experience, training or specialized knowledge within the realm of an expert, but because of the particularized knowledge that the witness has by virtue of his or her position in the business.”įor example, in United States ex rel. According to the FRE Advisory Committee’s notes, “Most courts have permitted the owner or officer of a business to testify to the value or projected profits of the business, without the necessity of qualifying the witness as an accountant, appraiser, or similar expert. The opinions of lay witnesses on financial matters may be allowed in certain situations, however. Novel theories and techniques pose a problem because there is limited research and data to support them. Their opinions are deemed reliable if they 1) are based on sufficient facts or data, and 2) stem from principles and methods that have been tried and tested over several years. Additionally, a witness’s testimony may be excluded if he or she qualifies as an expert - for example, the witness is a CPA or credentialed business valuation professional - but wasn’t disclosed as such.īy contrast, expert witnesses may help the trier of fact understand complex scientific, technical, or other specialized matters. The testimony of a layperson may be disallowed if he or she doesn’t possess the required knowledge to testify on the particular subject. Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702, which governs expert testimony.Helpful to a clear understanding of the witness’s testimony or the determination of a fact at issue, and.Rationally based on the perception of the witness,.Under Rule 701 of the Federal Rules of Evidence (FRE), a nonexpert’s opinion is limited to one that’s: Layperson testimony that crosses over into expert witness territory is at risk of being excluded from evidence. Typically, courts make a distinction between presenting financial data, which lay people may do, and interpreting that data, which is reserved for expert witnesses. In commercial litigation, it’s not unusual for company owners, CFOs, or other executives to testify as so-called “lay witnesses.” But when these witnesses testify on complex financial or valuation issues, there’s a risk that their testimony will be found inadmissible as opinion that requires a qualified expert. Posted by Douglas Sosnowski on December 15, 2020Ī lay witness is a person who has observed certain events and testifies on what he or she saw. ![]()
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