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The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

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Witnesses: Expert and “Lay”

We’ve talked about witnesses and the evidence they present to the court, but we haven’t talked about what qualifies someone to be a witness. To be a witness in a trial, a person must qualify as either an expert witness or a lay witness.
The most common kind of witness is a lay or eye witness. This is a witness who has direct experience of what she’s going to testify about. She was there; she heard, saw, touched, smelled, or felt something that will help the judge and jury make a decision about the facts in question. Some legal experts think the term “eye witness” should be replaced by the term “sense witness,” because the witness may not have actually seen anything. The fact that she was there and experienced something ...

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