California Civil Jury Instructions (CACI) (2017)

223. Opinion Testimony of Lay Witness

Download PDF
223.Opinion Testimony of Lay Witness
A witness [who was not testifying as an expert] gave an opinion during
the trial. You may, but are not required to, accept that opinion. You
may give the opinion whatever weight you think is appropriate.
Consider the extent of the witness’s opportunity to perceive the matters
on which the opinion is based, the reasons the witness gave for the
opinion, and the facts or information on which the witness relied in
forming that opinion. You must decide whether information on which
the witness relied was true and accurate. You may disregard all or any
part of an opinion that you find unbelievable, unreasonable, or
unsupported by the evidence.
New April 2008
Directions for Use
Give the bracketed phrase in the first sentence regarding the witness not testifying
as an expert if an expert witness also testified in the case.
Sources and Authority
• Opinion Testimony of Lay Witness. Evidence Code section 800.
Foundation for Opinion Testimony of Lay Witness. Evidence Code section 802.
• Character Evidence. Evidence Code section 1100.
Secondary Sources
1 Witkin, California Evidence (5th ed. 2012) Opinion Evidence, §§ 3–25
Wegner et al., California Practice Guide: Civil Trial and Evidence (The Rutter
Group) ¶¶ 8:643–8:681
Jefferson’s California Evidence Benchbook (Cont.Ed.Bar 3d ed.) §§ 29.1–29.17
48 California Forms of Pleading and Practice, Ch. 551, Trial, § 551.70 (Matthew
Bender)
1 Cotchett, California Courtroom Evidence, Ch. 17, Nonexpert and Expert Opinion,
§ 17.01 (Matthew Bender)
California Judges Benchbook: Civil Proceedings—Trial (2d ed.) § 8.72 (Cal CJER
2010)
72
0038