ABSTRACT

In days gone by, an "expert" was defined as "an ordinary person with a briefcase at least SO miles away from home." Our culture is too complicated for that type of humor now. There are two main types of witnesses in court cases. The first is the lay, or fact, witness (or eyewitness), who tells what he or she has personally seen and heard. In other words, the testimony is legally limited to what this witness has actually personally perceived. This witness, therefore, can relate firsthand knowledge of only certain limited facts. The fact witness cannot interpret or describe what others did, saw, or thought; nor can this witness express an opinion on the subject in the trial. The fact witness can tell the jury what he or she has experienced, not what he or she thinks.