Define: Lay Witness

A lay witness is a person who provides testimony in a legal proceeding based on their personal knowledge of the events or facts at issue, rather than as an expert in a particular field.

A lay witness can testify about what they personally saw, heard, or experienced. They can provide their observations and perceptions of events, but they cannot offer opinions or conclusions based on specialized knowledge.

Yes, lay witnesses are typically sworn in before they testify, which means they are required to tell the truth under penalty of perjury.

Yes, the opposing party in a legal proceeding has the right to cross-examine a lay witness in order to challenge their testimony or credibility.

Lay witnesses are generally allowed to testify about what they personally heard or were told, but they cannot provide hearsay testimony about what others have said or written outside of the courtroom.

In some cases, a lay witness may have the right to refuse to testify if they have a valid legal privilege, such as the spousal privilege or the attorney-client privilege.

Yes, a lay witness can be impeached by showing that their testimony is inconsistent with prior statements, biased, or unreliable.

In some cases, a lay witness may be entitled to receive a witness fee or reimbursement for their expenses related to testifying in a legal proceeding.

If a lay witness refuses to testify without a valid legal privilege, they may be held in contempt of court and face penalties such as fines or imprisonment.

Lay witnesses may be allowed to provide testimony about a person’s character or reputation, but this is subject to certain limitations and rules of evidence.