What Can A Fact Witness Testify To? A fact witness is one who testifies only to that of which he or she has firsthand knowledge and who describes only facts (as opposed to expressing opinions). … A fact witness is not permitted to express an opinion beyond the limitations in Rule 701 while testifying. What
Who Decides If An Expert Witness Is Qualified? “The court will determine whether or not the prosecutor has laid a sufficient foundation for that witness to testify about matters within the purview of an expert witness,” says Heiser. “The judge has the ultimate say.” In many cases, your qualifications may be immediately apparent to the
Can A Lawyer Pay A Witness Travel Expenses? The answer—at least in California and most other states—is that fact witnesses may be reimbursed for expenses incurred and time lost in connection with the litigation but may not be paid a fee for the fact of tes- tifying (or not testifying) or for the substance of