in the event one of the lawyers requests it or the trial judge otherwise considers it necessary in the case on trial. The instruction should not be given routinely for of “run the mill” lay opinion testimony, such as looked angry” or was driving fast.” The “he “she instruction should be given when the lay opinion is more like an opinion or “expert” when there is also expert opinion testimony given in the same trial, to avoid the confusion that might result because Instruction 2.09 (Opinion Evidence (Expert Witnesses)) states that opinion testimony is generally not permitted. If the trial judge decides that an instruction on lay opinion testimony is necessary, the above instruction can be given at the time the witness is giving his or her opinion testimony. For a comparable instruction that should be given in the final instructions to the jury, Instruction 4.09 (Opinion Evidence (Lay Witnesses) (F.R.E. 701)). see (Revised 2017)
in the event one of the lawyers requests it or the trial judge otherwise considers it necessary in the case on trial. The instruction should not be given routinely for “run of the mill” lay opinion testimony, such as “he looked angry” or “she was driving fast.” The instruction should be given when the lay opinion is more like an “expert” opinion or when there is also expert opinion testimony given in the same trial, to avoid the confusion that might result because Instruction 2.09 (Opinion Evidence (Expert Witnesses)) states that opinion testimony is generally not permitted. If the trial judge decides that an instruction on lay opinion testimony is necessary, the above instruction can be given at the time the witness is giving his or her opinion testimony. For a comparable instruction that should be given in the final instructions to the jury, see Instruction 4.09 (Opinion Evidence (Lay Witnesses) (F.R.E. 701)). (Revised 2017)
2017%20Chapter%202%20revisions%20final.docx