November 28, 2017 Articles

Gaining Knowledge of Specialized Versus Particularized Knowledge

Drawing the line between lay and expert opinion testimony can be difficult even for the most experienced trial lawyers.

By Cheryl D. Stein – November 28, 2017

One of the most common and vexing issues in evidence law concerns the intersection of lay and expert opinion testimony. When can a lay witness express an opinion under Federal Rule of Evidence (FRE) 701? When is an expert required under Rule 702? Can the same witness be used to give both fact and expert opinion testimony? These questions arise with great frequency in both criminal and civil litigation.

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