CACI 223 Opinion Testimony of Lay Witness
California Civil Jury Instructions CACI
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.
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.