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Learn more about can a fact witness provide expert opinion when not designated as an expert witness in our ultimate guide here. Three kinds of opinions are improper in all situations -- speculation without facts, legal conclusions, and opinions about the credibility of witnesses.At common law, lay witnesses could testify to facts, but unlike experts, could not offer opinions, inferences, or conclusions. Direct examination may elicit both direct and circumstantial evidence. Opinion testimony is based on the education or experience of the witness. Recognize the main differences between hybrid witnesses and other types of testifying experts: • hybrid witnesses give both fact and opinion testimony; and. One of the first steps in preparing for trial is talking to witnesses who could be called to testify in court. At common law, lay witnesses could testify to facts, but unlike experts, could not offer opinions, inferences, or conclusions. Opinions and Expert Testimony. The purpose of testimony is also to help judges and juries determine the facts of a case and make a fair and just decision.