A witness may only give their opinion in court if the court declares what?

• A. A specialized witness
• B. An expert witness
• C. A lay witness
• D. Admissibility

Answer: (A)

Opinion testimony is allowed when a witness has been recognized by the court as an expert. The judge’s declaration that a witness is an expert provides the basis for the witness to offer conclusions or analyses that require specialized knowledge, training, or experience beyond what a lay observer could reasonably deduce. Without that designation, a witness is limited to describing facts and impressions; lay opinions must be based on what the witness directly perceived and must be helpful to the jury, not reveal specialized expertise. The term admissibility refers to whether the testimony may be admitted at all, but the ability to give opinions hinges on being qualified as an expert. So the key point is that the court must declare the witness an expert for opinion evidence to be admissible.