Alabama Lack of Evidence
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FAQ
Definition of ?relevant evidence.? ?Relevant evidence? means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Rule 701 permits a lay witness to testify in the form of ?opinions or inferences,? subject to two important limitations: (a) the testimony must be ?based on firsthand knowledge or observation? and (b) it must be ?helpful in resolving issues? related to facts or testimony in the case.
Section 701. Opinion testimony by lay witnesses (a) rationally based on the witness's perception; (b) helpful to a clear understanding of the witness's testimony or in determining a fact in issue; and. (c) not based on scientific, technical, or other specialized knowledge within the scope of Section 702. Illustrations.
R. Evid. 701, which vests the trial court with discretion to permit lay witnesses to give opinions but only under certain conditions. Alabama Rule of Evidence 701, like its identical counterpart under the Federal Rules of Evidence, permits lay witnesses to give opinions whenever two conditions are met.
Under C.R.E. 702, ?[i]f scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.? ...
Like Federal Rule 408, the amendment provides that compromise evidence "is not admissible on behalf of any party." Thus, Rule 408 clearly provides that compromise evidence is excluded even when a party seeks to admit its own settlement offer or statements made in settlement negotiations.
If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in ...
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
