Witnesses

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III. WITNESSES

In most cases, your witnesses will be your primary method of evidentiary presentation. Expert witnesses require special attention. Experts are needed when the formulation of a rational judgment from the facts requires special training or skill. The witness's special training, experience, or observation permits the witness to testify to opinions that will tend to aid the jury in reaching a correct conclusion. Generally, so long as expert opinion is reasonably calculated to assist the jury and not to confuse it, expert opinion is admissible in the sound discretion of the court. Where the question involved is beyond common understanding of the lay mind, expert testimony will be required. Expert opinions are generally not admissible on matters of common knowledge. Thus, if you need a witness to give specialized opinions, you need to qualify the witness as an expert. If you decide to have an expert witness testify, you must make sure to disclose information regarding the witness.231

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