AAERT Certified Electronic Reporter (CER) Practice Test

Can a lay witness give an opinion during their testimony?

1. Yes

2. No

3. Only with qualification

4. Depends on the case

The correct answer is: No

In many legal contexts, a lay witness is someone who testifies based solely on their personal knowledge, observations, or experiences rather than specialized training or expertise. Typically, lay witnesses are limited to sharing facts and what they have directly seen or heard. Their testimony is focused on recounting events or observations without rendering opinions or conclusions. The rules of evidence generally restrict lay witnesses from providing opinions unless those opinions are opinions that any reasonable person would be able to form based on common knowledge or experience. For instance, a lay witness may be asked to describe a person’s demeanor or emotional state based on their observations without offering a formal opinion. Therefore, the assertion that a lay witness cannot give an opinion during their testimony aligns with standard legal principles governing witness testimony, reinforcing this understanding of how lay witness testimony is structured.