Tuesday, May 04, 2004

11th Circuit Requires Foundation for Lay Handwriting Identification Testimony

The Eleventh Circuit has affirmed a district court decision striking an affidavit offering lay opinion on the genuineness of a signature on a document cancelling a life insurance policy. The appellate panel held that to offer lay opinion on handwriting under Fed. R. Evid. 701 and 901(b)(2), witnesses must offer a detailed foundation for their opinions, specifying with particularity the documents on which they rely to establish their familiarity with the subject's handwriting. See Hall v. United Ins. Co. of Am., No. 03-14527 (11th Cir. Apr. 30, 2004) (Birch, Marcus, & Brunetti, JJ.).

posted by pn at 2:26 AM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.