Obtaining Opinion Testimony from Fact Witnesses at Trial (New York) | Practical Law

Obtaining Opinion Testimony from Fact Witnesses at Trial (New York) | Practical Law

A Practice Note for counsel to use when offering opinion testimony from fact (or lay) witnesses at trial under New York law. It discusses the types of witnesses counsel may call at trial, including hybrid witnesses, the differences between fact and opinion testimony, and sets out the law on obtaining opinion testimony from a fact witness. This Note explains when and under what circumstances counsel may ask a fact witness to give an opinion, how to lay a proper foundation for this type of evidence, and offers strategies for counsel to use when obtaining fact witness opinion testimony at trial under New York law.

Obtaining Opinion Testimony from Fact Witnesses at Trial (New York)

Practical Law Practice Note w-039-0921 (Approx. 13 pages)

Obtaining Opinion Testimony from Fact Witnesses at Trial (New York)

by Practical Law Litigation
MaintainedNew York, USA (National/Federal)
A Practice Note for counsel to use when offering opinion testimony from fact (or lay) witnesses at trial under New York law. It discusses the types of witnesses counsel may call at trial, including hybrid witnesses, the differences between fact and opinion testimony, and sets out the law on obtaining opinion testimony from a fact witness. This Note explains when and under what circumstances counsel may ask a fact witness to give an opinion, how to lay a proper foundation for this type of evidence, and offers strategies for counsel to use when obtaining fact witness opinion testimony at trial under New York law.