Who is categorized as a lay witness?

A lay witness is defined as an individual who is not recognized as an expert in a particular field but can offer testimony based solely on their personal knowledge or observations. This testimony is restricted to factual accounts rather than opinion-based insights. This category includes people who may have witnessed an event or have firsthand experience relevant to the case, enabling them to describe what they saw, heard, or experienced without interpreting those observations through a specialized lens.

In contrast, an expert who provides opinions on evidence is typically categorized as an expert witness, as they possess specialized knowledge that qualifies them to interpret data or provide opinions based on that expertise. An attorney presenting legal arguments is acting in a professional capacity to advocate for their client's position rather than providing firsthand accounts or factual testimony. Lastly, jurors discussing deliberations fall within the context of jury confidentiality and are not categorized as witnesses; they engage in the decision-making process after reviewing the evidence presented during the trial. Hence, the identification of a lay witness as a nonexpert who testifies only to facts aligns accurately with the definition and role of such witnesses in legal proceedings.