Also known as: reputation · opinion · character evidence
Written by attorneys — see sources below.
Testimony about a person's reputation in the community or testimony in the form of an opinion about a character trait, used to prove character when such evidence is admissible.
The President directs the Attorney General to submit a written assessment of ongoing enforcement priorities. The submission addresses duties of the office and supplies the requested opinion on legal strategy. The document fulfills the constitutional directive without addressing reputation evidence.
In a contract dispute, the defendant serves an interrogatory asking the plaintiff to state an opinion on whether certain conduct breached industry standards. The court permits the question because it relates to facts and the application of law to fact. The response is delayed until after key depositions conclude.
At trial the defense calls a neighbor who testifies that the defendant enjoys a reputation for honesty in the community. On cross-examination the prosecutor inquires into a prior incident of dishonesty. The court allows the reputation testimony and the limited inquiry into specific conduct.
During closing argument counsel states a personal belief that the key witness must be lying. The opposing party objects that the statement violates professional conduct rules. The court sustains the objection and instructs the jury to disregard the personal opinion.
A seller tells a buyer that a used machine is worth at least fifty thousand dollars based on recent sales. The buyer later learns the market value is far lower. The court treats the statement as an assertion of opinion rather than a warranty of fact.
The title company issues a written opinion that the seller holds marketable title free of liens. The opinion is included among the closing documents reviewed by both parties. The buyer proceeds with the purchase relying on the opinion's assessment of encumbrances.
Reputation or opinion testimony is permitted under Rule 405(a) whenever evidence of a person's character or character trait is admissible. The testimony must concern the person's reputation in the community or an opinion about the relevant trait. Cross-examination may then explore specific instances of conduct.
No. Rule 33(a)(2) provides that an interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact. The court retains discretion to defer the answer until designated discovery is complete.
A statement is one of opinion if it expresses only a belief without certainty as to the existence of a fact or a judgment as to quality or value. The recipient is not justified in relying on such a statement unless an exception applies, such as a relationship of trust or special expertise.
No. Model Rule 3.4(e) prohibits a lawyer from stating a personal opinion as to the credibility of a witness. The rule also bars allusions to matters not supported by admissible evidence and assertions of personal knowledge except when testifying.
Majority opinion Opinion of Mr. Justice Brandeis The question for decision is whether the oft-challenged doctrine of Swift v. Tyson shall now be disapproved. Tompkins, a citizen of…