Section 14.10 Inadmissibility of a Witness’s Opinion or Conclusion as to a Fact of Personal History

• Library: Sources of Proof (2014 Ed.)

Generally, a nonexpert witness should state facts, not opinions, conclusions, or impressions; a witness should not be allowed to testify about matters in which the witness indulges in mere speculation, guess, and conclusions. See:

· State v. Dixon, 420 S.W.2d 267 (Mo. 1967)

· Burns v. Elk River Ambulance, Inc., 55 S.W.3d 466 (Mo. App. S.D. 2001)

· Fairbanks v. Weitzman, 13 S.W.3d 313 (Mo. App. E.D. 2000)

For example, a witness cannot be asked who were the sole heirs of a married person. Barron v....