Define: Opinion Evidence

Opinion evidence refers to statements or testimony offered by a witness or expert regarding their personal beliefs, judgements, or conclusions about a matter at issue in a legal proceeding. Unlike factual evidence, which is based on direct observation or tangible evidence, opinion evidence is based on the individual’s expertise, experience, or specialized knowledge in a particular field. Opinion evidence is often admitted in court to assist the trier of fact, such as the judge or jury, in understanding complex or technical matters beyond their expertise. However, the admissibility of opinion evidence is subject to certain rules and limitations, including relevance, reliability, and the qualifications of the witness or expert offering the opinion. Courts typically weigh the probative value of opinion evidence against potential prejudice or confusion to ensure fair and impartial adjudication.

The Evidence of a Witness should normally be first-hand and of events directly related to the case at issue. The opinion of a witness is likely to be Hearsay, if not irrelevant. An exception is the evidence of specialists in particular fields. The opinion of such a specialist may be acceptable if it is likely to be something that the court could not directly establish itself.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.